PLI – Antitrust Counseling & Compliance 2023

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. With the aggressive enforcement policies of the Biden administration’s Department of Justice Antitrust Division and Federal Trade Commission, it is more important than ever to know what may violate the law. 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,” when to say “yes” and how to provide practical answers to the antitrust questions your clients will ask.

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Featured agenda items

Thursday, October 12, 2023 | 10:05 – 11:05 am EDT

Interactions With Competitors: Collaboration and Exclusion

Cooley partner Megan Browdie provided an overview of considerations that companies should keep in mind when interacting with competitors. The session covered:

• Issue-spotting practices that are “hard core” violations of the antitrust laws.
• Understanding issues raised by participation in trade associations.
• Identifying enforcement trends in “no poach” and “wage-fixing” agreements.
• Describing the DOJ/FTC Competitor Collaboration Guidelines and the basic framework for thinking about joint ventures and other competitor collaborations.
• Providing strategies for minimizing risk when exchanging information with competitors.

Thursday, October 12, 2023 | 1:15 – 2:15 pm EDT

Antitrust Issues in Mergers & Acquisitions

Cooley partner and chair of the PLI event, Howard Morse, explained the merger review process and merger guidelines and provide an overview of the latest developments in merger enforcement. The session covered:

• The merger review process and changes implemented by the Biden administration.
• How to make sense of complicated Hart-Scott-Rodino (HSR) Act rules.
• Procedural changes by the Biden administration, from ending early termination to ongoing investigation letters.
• Coordination of global competition filings.
• Antitrust risk-shifting provisions in merger agreements.
• How to avoid “gun jumping” while preparing to integrate.
• What we can learn from HSR statistics.
• How to better understand the legal and economic theories that the DOJ and FTC are using to evaluate transactions.
• Divestitures and consent decrees – Are they still an option?
• The headlines and the enforcement record.
• Horizontal and vertical merger analysis and new merger guidelines.
• Acquisitions of “nascent” or “potential” competitors.
• The significance of the DOJ’s and FTC’s recent successes and failures in challenging transactions in court.
• Learnings from recent DOJ/FTC wins and losses.

For more information, please email Yena Lee.