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
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
- 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 professionals
Eric Berman is a partner in Williams Mullen’s Washington, DC office, where he chairs the Antitrust & Trade Regulation practice. He has broad antitrust experience across numerous industries, with particular emphasis on counseling firms about their business practices and securing antitrust approvals for clients from the Federal Trade Commission and Antitrust Division of the Department of Justice. Eric also has significant litigation experience, and is a frequent writer and speaker on antitrust issues.
Mr. Berman also focuses on consumer protection matters. He represents advertisers before the FTC’s Bureau of Consumer Protection, and provides counsel on comparative advertising, endorsement, and claim substantiation issues. Clients – particularly home goods manufacturers and dietary supplement marketers – look to Eric to assess their marketing claims under federal and state laws as well as National Advertising Division decisions.
Eric 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 firm’s Washington, D.C. office. He has extensive experience in antitrust, competition, distribution law and trade regulation matters. Mr. Musallam has represented clients in complex private litigation, price‑fixing class actions, merger clearances, monopolization lawsuits, dealer termination suits, and domestic and international antitrust investigations. His counseling and trial experiences cover a wide range of industries, including airlines, urethane chemicals, medical devices, wireless baseband chips, mining and material handling equipment, diesel engines, waste management services, malt beverages, scrap metal, and the locomotive and railroad industries.
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.
His practice includes the full range of antitrust and competition matters – litigation, investigations, M&A, premerger notification, joint ventures and counseling. His work involves both civil and criminal antitrust issues. Approximately one third of his work is international or cross-border. James has helped design and structure dozens of joint ventures involving competitors. Some are purely domestic, others are international and need to comply with the competition law requirements of multiple jurisdictions.
He has handled antitrust matters for clients in more than 50 different industries including apparel, aviation, food and beverages, chemicals, pharmaceuticals, health care, consumer and military electronics, motion pictures, recorded music, financial services and information technology.
James J. Calder devotes his practice to antitrust and competition law. He is co-chair of Katten’s Antitrust and Competition Practice. …
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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.
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.
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.