Proof Agreements, Incentives and Liabilities in Hub-and-Spoke Antitrust Conspiracies: A 2017 Update
In antitrust law, a horizontal conspiracy, which involve agreements among competitors, is a per se violation of the antitrust laws. A vertical conspiracy, on the other hand, involves agreements among parties at different levels of the distribution chain, and may be analyzed under the rule-of-reason. The hub-and-spoke conspiracies involve both horizontal and vertical conspiracy or agreement and which draws uncertainty on assessing liability. Can all the agreements be treated under the same rubric? Or should all the horizontal aspects be analyzed separately from all the vertical aspects?
The hub-and-spoke concept has been used by American courts to analyze antitrust law violations since the late 1930's. However, as the general antitrust theories constantly evolve, assessing incentives and liabilities in a hub-and-spoke conspiracy becomes more and more complicated. To better handle the complexity of hub-and-spoke cases, businesses and their counsel should understand the types of hub-and-spoke conspiracies and the incentives of the alleged participants.
The Knowledge Group has assembled a panel of key thought leaders to discuss key issues and important case laws on hub-and-spoke antitrust conspiracies. Speakers will also offer various analytical approaches to assessing incentives and liabilities in hub-and-spoke cases.
In a two-hour live webcast, the speakers will discuss:
- Analysis of Hub-and-Spoke Cartels under Antitrust Laws
- Incentives and Liabilities
- Rule of Reason vs. Per Se Treatment
- Proof of Agreements: "Rim Requirements"
- Notable Case Laws
- 2017 Updates
Celeste C. Saravia, Principal
What is a Hub-and-Spoke Conspiracy and Who Benefits?
- Three Classes Defined by Possible Goals:
- Class 1: increase the market power of the vertical player
- Class 2: increase the market power or reduce competition at the level of the horizontal players
- Class 3: increase market power or reduce competition at both the vertical and horizontal levels
- Economic Incentives in Class 1 Conspiracies
- Economic Incentives in Class 2 Conspiracies
- Economic Incentives in Class 3 Conspiracies
Ruchit Patel, Partner
Ropes & Gray LLP
Matthew Levitt, Office Managing Partner
Hogan Lovells International LLP
Trends in European Decisional Practice/Jurisprudence and the Application of Hub and Spoke Principles to Price Algorithms
- Trends in English, Polish, and Belgian decisional practice/jurisprudence
- Hub and spoke principles at the European Commission and Courts
- The application of European hub and spoke principles to price algorithms
Who Should Attend:
- Antitrust Attorneys
- Business Lawyers
- Corporate Counsel
- In-house Counsel
- Litigation Officers
- Attorneys, Practice Area: Litigation
- Business Development Managers
- Private Companies
- Other related/interested Professionals
Celeste Saravia provides economic and statistical consulting in complex cases involving antitrust and competition, energy and commodities, intellectual property, and general damages. She has consulted on matters involving millions of documents; hundreds of depositions; and multiple, large datasets. Dr. Saravia works on issues related to class certification, liability, and damages in a variety of industries, including information technology, medical devices, aviation, energy, telecommunications, and media. As an expert witness, Dr. Saravia has testified at trial on liability issues in an alleged monopolization case, and has provided testimony in a case involving allegations of price fixing in an agricultural market.
Celeste Saravia provides economic and statistical consulting in complex cases involving antitrust and competition, energy and commodities, intellectual property, and …
Ruchit Patel, an antitrust partner in the firm’s London office advises some of the largest companies in the world on matters before the European Commission, UK Competition and Markets Authority, UK sectoral regulators, UK High Court. He also has litigation experience before the UK Competition Appeal Tribunal. Ruchit also has significant experience advising clients on antitrust law matters in Asia. His clients include technology, financial services, private equity, and healthcare companies, among others. Ruchit is a member of the Law Society of England and Wales.
Ruchit Patel, an antitrust partner in the firm’s London office advises some of the largest companies in the world on …
Matthew helps clients develop and deliver the joined-up strategies which are essential when faced with the growing power of antitrust authorities globally and their increased ability to coordinate enforcement activity in international investigations and merger clearance processes. Matthew has over 20 years' experience in Brussels and is the Managing Partner of Hogan Lovells' Brussels office. He worked on the container shipping alleged 'price signalling' case, the UK investigation of suspected 'hub and spoke' arrangements in the grocery sector, the Eurotunnel/SeaFrance contested merger case, the maritime car carriers case, the power exchange settlement and the P3 shipping alliance that was blocked by MOFCOM. He was also involved in the Masterfoods v van den Bergh reference and the related ice-cream cases, the successful annulment of the Commission's TACA decision (including €273m fines), and the Steel beams, Woodpulp and Cartonboard appeals in the European courts.
Matthew helps clients develop and deliver the joined-up strategies which are essential when faced with the growing power of antitrust …
Print and review course materials
Method of Presentation:
Experience in antitrust law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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