Preventing Price Fixing Allegations: What You Need to Consider in Your Antitrust Compliance Programs in 2017
The law prohibits competitors from agreeing to fix prices for purchase or sale of goods and services because it alters supply and demand and reduces competition in the markets. Although some aspects of U.S. antitrust laws appear to be clear cut, in reality, this is far from the truth due to the complexity, ambiguity, and contradictory nature of the various laws.
US Courts have generally recognized two categories of price fixing arrangements: horizontal arrangements among competitors on the same functional level of the distribution chain and vertical arrangements among firms at different levels of the distributions chain, for example, an agreement between a manufacturer and its wholesaler. While agreements to fix prices among competitors are always illegal, the same is not true for vertical agreements that affect price, which may or may not be illegal depending upon their impact on competition. An effective compliance program requires a solid understanding of the types of arrangements that are always illegal (and how to avoid them) as well as an understanding of the types of pricing agreements that may be perfectly legal if properly structured and implemented. Armed with this knowledge, a firm can greatly enhance its ability to avoid allegations of price fixing and the extremely costly and dangerous litigation that can result.
In this one-hour, LIVE CLE Webcast, a panel of key thought leaders organized by The Knowledge Group will review price fixing risks and discuss Preventing Price Fixing Allegations from becoming a serious risk to your firm. Speakers will provide insightful information to help you avoid allegations and remain in compliance with the Sherman Act and other regulations.
- U.S. Antitrust Laws as they pertain to price fixing allegations
- General Non-compliance and Litigation Risks
- Risk From Competitors, Distributors, and Customers
- Avoiding 'Hub and Spoke' Conspiracy
- Risk of E-mail and Text Message
- Smart Compliance Methods
- Best Practices
Pahl L. Zinn, Member
Dickinson Wright PLLC
- Purpose of Antitrust Laws
- Primary U.S. Antitrust Laws
- Unreasonable Restraint-Price Fixing
- WHY NON-COMPLIANCE=ANTITRUST: Auto Parts Antitrust Investigation
- Department of Justice-Amnesty Program
- VERTICAL-CHANNELS OF DISTRIBUTION
- “PER SE” HORIZONTAL VIOLATIONS (A/K/A WHAT NOT TO SHARE WITH COMPETITORS)
Martin F. Gaynor III, Partner
Manion Gaynor & Manning LLP
- The Importance of Addressing Price Fixing Issues In Antitrust Compliance Programs (Major Pending Cases)
- Recent Cases Resulting in Substantial Settlements
- Statutes Implicated by Price-Fixing
- Elements of a Sherman Act Price-Fixing Claim
- Proving a Contract, Combination or Conspiracy
- Proving That the Restraint of Trade is Unreasonable
- Vertical Pricing Agreements
- Dual Distribution Models
- Hub and Spoke Conspiracies
- Compliance Considerations
Who Should Attend:
- In-house Counsel
- Risk and Compliance Officers
- Supplier and Distributors
- Antitrust Lawyers
- Business Development Managers
Named one of the Best Lawyers in America® 2012-present for his work in antitrust law, Pahl Zinn is a graduate of Colgate University (B.A., History, 1991); he received his law degree magna cum laude from Syracuse University (J.D., 1997), where he was a member of the Order of the Coif. He was a clerk in the Michigan Court of Appeals pre-hearing division from 1997 to 1998, and joined Dickinson Wright’s Detroit office in 2000. His areas of practice include antitrust and trade regulation litigation/counseling; business crimes and fraud loss recovery; class action litigation; commercial and business litigation; franchise, distribution and dealer litigation/counseling; and intellectual property litigation. Since 1997 he has been a member of the State Bar of Michigan and is also a member of the Antitrust Section of the American Bar Association. From 2012-2014, he served as Chair of the State Bar of Michigan’s Antitrust, Franchising and Trade Regulation Section.
Pahl remains active in the community. In addition to his service with the State Bar of Michigan, Pahl has served on the Vestry of Christ Church Grosse Pointe (2000-2003); on the Board of Grosse Pointe Hockey Association (2008-2012); and on the ULS Alumni Board of Governors, where he recently stepped-down as President after serving on the Board since 2009.
Named one of the Best Lawyers in America® 2012-present for his work in antitrust law, Pahl Zinn is a graduate …
Martin F. Gaynor III is a founding partner of Manion Gaynor & Manning LLP, a national litigation boutique. Martin represents clients in high stakes trials and appeals that involve a wide-range of business disputes including, antitrust, intellectual property, indemnity and insurance recovery, partnership and corporate governance, and complex contract matters. Martin is a graduate of the University of Chicago (A.B. 1988) and Boston College Law School (J.D. 1993).
Martin F. Gaynor III is a founding partner of Manion Gaynor & Manning LLP, a national litigation boutique. Martin represents …
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NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Dickinson Wright PLLC
With more than 425 lawyers across more than 40 practice areas, Dickinson Wright serves global clients from offices in Ann Arbor, Detroit, Grand Rapids, Lansing, Saginaw and Troy, Michigan; Austin, Texas; Columbus, Ohio; Ft. Lauderdale, Florida; Las Vegas and Reno, Nevada; Lexington, Kentucky; Nashville, Tennessee; Phoenix, Arizona; Washington, D.C.; and Toronto, Ontario.
The firm offers clients a distinctive combination of superb client service and exceptional quality. Dickinson Wright lawyers are known for delivering commercially-oriented advice on sophisticated transactions and have a remarkable record of wins in high-stakes litigation. Dickinson Wright lawyers are regularly endorsed by leading industry organizations and publications and recognized through significant appointments to bar associations and the judiciary system.
About Manion Gaynor & Manning LLP
Manion Gaynor & Manning LLP (MG+M) is a national litigation firm with deep expertise in a wide range of practice areas with attorneys in nine fully integrated offices across the country. Combining a unified team approach with national resources, creative trial tactics, and an unwavering focus on optimal results, MG+M achieves outcomes that help businesses thrive.