Hot Topics in Antitrust: What Counsel and Companies Should be Aware Of
The attorneys of Arnall Golden Gregory’s Litigation Practice Group and Antitrust Litigation Practice Team held a complimentary Litigation Series webinar on Thursday, April 25, 2013 from 11:00 am – 12:00 pm EST.
AGG partners Allen I. Hirsch and Jeffrey S. Jacobovitz discussed the following key topics during the one hour presentation:
I. Overview
- A brief synopsis of the relevant statutes:
- Sherman §1
- Sherman §2
- Clayton §3
- Clayton §7 ‘
- Robinson Patman
- FTC A
- The Applicable Test
- Per Se vs. Rule of Reason
II. Criminal Cartel Cases
- Increasing DOJ Enforcement
- Significant increase in jail sentences and fines over the last ten years
- Significant increase in international cartel cases and cooperation with international authorities
- Fines
- What does this mean for companies
- Jail Sentences
- What does this mean for officers of companies
- Bid Rigging/Price Fixing
- As in-house counsel, what to look for
- How to Prevent These Cases
- What to do if a Search Warrant is being executed
III. Mergers & Acquisitions
- Clayton §7 – “Substantial Likelihood of Lessening Competition”
- DOJ/FTC Guideline – Current Climate for Merger Review
- Pre-Merger Conduct / “Gun Jumping”
- HSR – Filing Requirements / Market Definition
IV. Resale Price Maintenance
- Pre-Leegin – The Days of Per Se Analysis
- Leegin – The Case that Changed It All
- Post Leegin – Confusing and Controversial
V. Health Care Enforcement
- DOJ/FTC Guidelines
- How do they impact on enforcement
- Provider Networks and Joint Ventures
- Professional Association Activity
- What are the risks in participation
- Hospital Issues
- Hatch-Waxman Act
- Streamlined procedure for obtaining FDA approval of generic pharmaceuticals
- Settlements
- FTC and DOJ have challenged settlements as being anticompetitive;
- “reverse payments” or “pay for delay” agreements
- How to Avoid Government Scrutiny on a Settlement
VI. Intellectual Property
- Patent Antitrust Issues
- Recent enforcement cases
- Causes of action under Section 2
- Patent Misuse
- Does the patent holder have to forfeit its right to enforce the patent
- Licensing of IP Rights
- Are license agreements contracts within the scope of Section 1
- Non-patent IP issues
- Copyrights and trademarks
- Antitrust counterclaims
- Areas of Exposure for In-House Counsel in the IP Area
Service Specialties
- Jeffrey S. Jacobovitz
Partner