Celesq® Programs

Antitrust Issues as Explained by one of the Prominent Antitrust Attorneys in the Country!

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This program is directed to in-house and outside counsel seeking an update on procedural and substantive antitrust developments which may inform their advice to their clients, including, among other topics, the following: Quick overview of antitrust laws One of the most important recurrent procedural issues concerns the standard for assessing summary judgment motions how to win or survive them, how courts are applying the standard, and the apparently higher bar they are setting for cases to reach trial. At the heart of any claim of antitrust harm is antitrust injury itself. What is it, what are the indicia of antitrust injury, and how might it be deployed to defeat or further antitrust claims? With recent case examples. Enforcement priorities by the FTC and DOJ:  DOJs failed suit to block the ATT-Time Warner vertical merger  DOJs approval of the CVS-Aetna vertical merger, with conditions; consent decree approved by judge after unprecedented extensive Tunney Act review; possible implications for future Tunney Act reviews by courts  DOJs strong support of IP rights as trumping antitrust scrutiny of abuse of standard setting; divergence from FTC enforcement  FTCs suit against Qualcomm re standard setting abuse; DOJs support of Qualcomm; implications for enforcement at IP-antitrust interface  Whither antitrust?  Predicting DOJ enforcement in Trump administration: e.g., controversial DOJ antitrust investigation of car manufacturers for allegedly agreeing on higher emission standards with California than required under new relaxed federal standards  Antitrust and ‘new tech: DOJ, FTC and States investigations of Facebook, Apple, Amazon and Google. Is the classical antitrust ‘consumer welfare standard being expanded to capture conduct that does not appear to cause anticompetitive harm in the form of increased prices and reduced output? But if the alleged anticompetitive harm resolves to reduction of consumer choice alone, without increased prices or reduced output, will that sustain any such antitrust claims? Has EU enforcement offered a model?  Antitrust and healthcare/pharmaceuticals: generic drug price-fixing MDL; ongoing scrutiny of reverse payments

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  • Administrative Law & Regulations
  • Antitrust Law
  • Business Law
  • Corporate and Securities Law
  • Federal Courts
  • In-House Counsel
  • Litigation & Litigation Skills
  • Regulatory and Administrative Law
  • Trial Skills