Understanding Antitrust & Competition Strategies
Overview:
Antitrust and competition laws affect nearly every business decision companies make. Enforcement has been on the rise in recent years, and shows no sign of slowing down.The Knowledge Group has assembled a panel of experienced practitioners and thought leaders who will help lawyers at companies and trade associations identify and mitigate antitrust risk in light of their firms’ business goals. Key topics will include:
- Understanding the importance of antitrust sensitivity
- Assessing risks and opportunities when dealing with your competitors
- Assessing risks and opportunities when dealing with your suppliers and customers
- Best practices for M&A due diligence, valuation, and antitrust strategies
Agenda:
Opening Segment
Overview. Discuss the importance of recognizing antitrust risk and taking mitigation seriously in today’s regulatory environment.
- “Stepped up” government antitrust enforcement: more than a campaign slogan.
- Review heightened antitrust enforcement in recent years across range of conduct (criminal, civil non-merger, merger and joint venture, single-firm, trade associations).
- What lessons can companies and associations learn from this increased enforcement? What does the future enforcement climate look like?
Identifying Antitrust Risks in Your Business Activities
Antitrust affects many of your firm’s regular business practices:
Samer Musallam, Attorney, Litigation Department, Paul Hastings LLP
- Distribution and pricing
- What terms are in your contracts with customers and suppliers?
- Discounting, bundling, and tying
- Enforcing MSRP policies on retailers
- Exclusivity provisions
- Termination
- Arbitration clauses’
- What terms are in your contracts with customers and suppliers?
Eric S. Berman, Partner, Williams Mullen
- Dealing with competitors
- Trade associations
- Parallel conduct and signaling
- Benchmarking/best practices
James J. Calder, Partner, Katten Muchin Rosenman
- M&A Activity
- Due diligence and valuation
- “Papering” the transaction – bankers, buyers, and the board
- Pre-closing considerations
- Joint ventures – unique considerations
Mitigating Antitrust Risk
- Audits and compliance programs
- Are there best practices?
- Maintaining attorney-client privilege
- Smart writing
Who Should Attend:
- General Counsel - Antitrust Lawyers - Business Consultants - Senior Management - Directors - Other related/interested professionalsEric Berman is a partner in Williams Mullen’s Washington, DC office, where he chairs the Antitrust & Trade Regulation practice. …
Samer Musallam is a senior associate in the Antitrust and Competition practice of Paul Hastings and is based in the …
James J. Calder devotes his practice to antitrust and competition law. He is co-chair of Katten’s Antitrust and Competition Practice. …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
134597
NASBA Field of Study:
Business Law
NY Category of CLE credit:
Areas of Professional Practice
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
About Williams Mullen
Williams Mullen is an AmLaw 200 law firm that blends the law, government relations and economic development to help grow the business of our clients and the economy of our region across Washington, D.C., Virginia, and North Carolina. Our attorneys and consultants strive to help connect clients to opportunities and solutions they need. Putting our clients’ needs first has been the foundation of our approach since the firm was founded 103 years ago. Visit us at www.williamsmullen.com.
Website: https://www.williamsmullen.com/
About Paul Hastings LLP
A leading global law firm, Paul Hastings provides innovative legal solutions to many of the world's top financial institutions and Fortune 500 companies in markets across Asia, Europe, Latin America, and the United States. The firm is ranked second on The American Lawyer’s A-List of the most successful law firms in America. Please visit www.paulhastings.com for more information.
Website: https://www.paulhastings.com/
About Katten Muchin Rosenman
Katten is a firm of first choice for clients seeking sophisticated, high-value legal services both in the United States and abroad. Katten nationally recognized practices include corporate, litigation, real estate, environmental, financial services, commercial finance, insolvency and restructuring, intellectual property and trusts and estates, among others. Katten approximately have 650 attorneys serve public and private companies, including a third of the Fortune 100, as well as a number of government and nonprofit organizations and individuals.
Katten forge partnerships with their clients based on their uniquely flexible and entrepreneurial culture. Knowing the law is not enough: Katten understand their clients’ business objectives and address their legal needs in a manner that is consistent with the “big picture.” Katten clients see them as trusted advisors and they demonstrate their value every day in the successful results they earn.
Website: https://www.kattenlaw.com/