PLI – Antitrust Counseling & Compliance 2022
Event summary
Lawyers counseling businesses need a solid foundation in antitrust law principles and an understanding of the latest antitrust developments in order to advise their clients effectively. The consequences of running afoul of antitrust rules can be substantial: federal and state government enforcement actions, jail time for executives, treble damages, class actions, and adverse publicity. Get the tools you need to help your clients avoid making costly mistakes while still lawfully accomplishing their business goals. This program teaches when to say “no” and when to say “yes” and how to provide practical answers to the antitrust questions your clients will ask.
Featured agenda items
10:05 am
Interactions with Competitors: Collaboration and Exclusion
Cooley partner Megan Browdie spoke on Interactions with Competitors: Collaboration and Exclusion. In this session, she covered:
- “Hard Core” violations: price fixing, market division, and group boycotts
- Refusals to deal and other efforts to exclude competitors
- Trade association participation
- “No poach” and “wage fixing” enforcement trends
- DOJ/FTC Competitor Collaboration Guidelines
- Other agency policy statements
- Joint ventures with competitors
- Types of “joint ventures” and considerations for each
- Ancillary or collateral restraints
- Restraints on access
- How to minimize risk when exchanging information with competitors
1:15 pm
Antitrust Issues in Mergers and Acquisitions
Cooley partner Howard Morse chaired the event and spoke on Antitrust Issues in Mergers and Acquisitions. In this session, he covered:
The Merger Review Process
- Impact of COVID-19 on merger process and review
- Negotiating antitrust risk shifting provisions in merger agreements
- Making sense of complicated HSR rules
- Merger process reforms to speed reviews
- Coordinating global competition filings
- Strategies to get a deal through without a Second Request
- Avoiding “gun jumping” while preparing to integrate
Merger Guidelines and Enforcement Trends
- Horizontal merger analysis
- Merger enforcement trends
- Updated guidance on vertical mergers
- Focus on Big-Tech
- Increased attention to acquisitions of “nascent” or “potential” competitors and learnings from recent cases, including U.S. v. Sabre/Farelogix, FTC v. Illumina/Pacific Biosciences, FTC v. Edgewell/Harry’s
- Negotiating remedies
For more information, please email Yena Lee.
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