December 14, 2017

Everyday Antitrust Issues: You Don’t Know What You Don’t Know

Antitrust isn’t just about monopoly. Behavior that your employees consider to be a harmless recruiting or marketing practice could spark a federal investigation. At best, that means bad PR. At worst, it could lead to criminal charges and exorbitant treble damages. The Department of Justice’s Antitrust Division has broad scope to reach companies of all sizes. In addition, in its capacity as a purchaser, your company may be the victim of anticompetitive practices, which may provide a basis to assert an antitrust claim.

It’s important to know what you don’t know.

Join Ballard Spahr’s Antitrust Group for an interactive CLE focused on current antitrust issues and their application to everyday business decisions. The three-hour course offers an hour of CLE ethics credit and includes lunch.

Session One
Common Sales Practices that Present Antitrust Problems
This session will focus on typical sales practices that could land your company in hot water. Panelists also will discuss how to tell if your company is a victim of anticompetitive behavior and how to determine whether the company may have an antitrust claim. We will examine the civil and criminal implications of:

  • Allocating Customers

  • Bundling

  • Exclusionary Conduct
     

Panelists: Edward D. Rogers, Jay N. Fastow, James A. Mitchell, Elizabeth P. Weissert

Session Two
Antitrust Issues in Hiring and Compensation Decisions
Employee-related antitrust enforcement is on the rise. This panel will cover:

  • No-poaching Agreements

  • Wage-fixing

  • Non-solicitation Agreements

  • Exchange of Salary and Compensation Information
     

Panelists: Leslie E. John, Stephen J. Kastenberg,
Meredith Swartz Dante

Session Three
Common Ethical Issues for In-House Antitrust Counsel
This panel will examine the ethical challenges faced by in-house counsel during antitrust investigations and litigation, including:

  • Privilege issues and disclosure obligations when communicating with employees

  • Conflicts and concerns surrounding governmental subpoenas and interviews

  • Ethical dilemmas during discovery

Event Location: 
Online