This two-day workshop will enable you to understand the objectives of the antitrust law and social and economic policies underlying them. You will learn the types of practices that are prohibited, those that can be defended, and those that draw the most scrutiny. You will learn about the criminal and civil penalties meted out by government enforcers, and the private civil litigation process. You will become more sensitized to the types of practices that draw scrutiny from enforcers and ways to reduce the likelihood of investigation and private damages actions.
Upon completing this course participants should:
- Understand the kinds of business activity the antitrust laws absolutely prohibit, the kinds it permits if properly justified, and the kinds it does not apply to at all.
- Learn the broad goals and objectives of the antitrust laws,
- Possess a sensitivity to the specific business practices that can be considered anticompetitive,
- Be able to communicate to others the reasons a particular practice could raise risk and should be brought to the attention of counsel or upper management,
- Have a better ability to evaluate whether your company is the victim of an antitrust violation or unfair business practice,
- Learn specific strategies for reducing the risks of communications with competitors,
- Understand and reduce the risks of joining trade and professional organizations, of conducting surveys and participating in benchmarking studies,
- Learn some tips on gathering competitive intelligence properly,
- Understand the significance to your business of antitrust decisions and enforcement actions reported in the press.
- Guidelines for avoiding antitrust risks when discussing your business.
Who will Benefit:
Antitrust Fundamentals will benefit a wide range of people in business organizations across all industries. Anyone who is involved in competition at any level of their company needs to have a basic understanding of these laws, and this course will provide it. More specifically the following personnel will benefit from the course:
- Attorneys without any background in the subject, and those seeking a basic refresher
- Business Development professionals
- Pricing professionals
- Compliance professionals
- Marketing professionals
- Government Relations professionals
- Mergers and Acquisitions professionals
- R&D professionals
- Members of Joint Ventures
- Competitive Intelligence professionals
- Executives in concentrated industries
- Executives whose companies have high market shares
- Executives who face competition from larger rivals in the marketplace
Over the course of the past two decades, and especially in the past five years, antitrust authorities in the US and overseas have dramatically increased enforcement activity targeting business practices that they believe to be unfair and injurious to the competitive process.
Any business operating in the US is potentially exposed to the federal and state antitrust and unfair competition laws. Unlike most of the competition law regimes outside the US, businesses here also must be ready to defend their practices in court when suits are brought by competitors or customers alleging violations. These lawsuits can carry heavy damages judgments and are among the most prolonged, complex, distracting, and expensive cases to pursue or defend in US courts. In addition, because the antitrust laws are felony statutes, it is not just about money. Increasingly, the US Department of Justice (DOJ) is seeking and obtaining jail terms for executives of companies involved in antitrust violations. A seven-year long antitrust case is the norm, not the exception. The DOJ’s investigations of many high profile companies have lasted even longer than that.