Antitrust Tips for Corporate Counsel: Executing Compliance Programs, Avoiding Violations, Navigating Regulator Inquiries
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Corporate Law
- event Date
Thursday, February 15, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss recent trends in antitrust enforcement by state and federal regulators and provide practical guidance for corporate counsel on how to implement an effective compliance program to reduce the likelihood of antitrust violations by their companies. The panel will answer key questions including how to identify conduct that may give rise to potential antitrust liability, what are best practices for handling internal investigations if counsel identifies a potential antitrust issue, what types of contracts and documents present antitrust concerns, and how to manage inquiries from antitrust regulators.
Mr. Wilson’s practice focuses on civil antitrust, intellectual property, and other complex commercial actions. He has extensive experience representing both defendants and plaintiffs in federal and state courts from complaint filing through trial, as well as in advising corporate clients on a variety of antitrust and compliance matters. Mr. Wilson has represented and advised clients across a range of industries, including but not limited to industrial manufacturing, telecommunications, pharmaceuticals, retail, and healthcare manufacturing. He has served as Co-Chair of the ABA Section of Litigation's Antitrust Litigation and Consumer Litigation Committees.
Mr. Terzaken represents corporate and individual clients involved in government enforcement of antitrust, fraud and other white collar violations, as well as related follow-on civil litigation. His experience spans market sector investigations and litigation in all major industries, including financial services, pharmaceutical, professional services, manufacturing, energy, shipping, food and beverage, and many others. Mr. Terzaken previously served as the Director of Criminal Enforcement of the Department of Justice, Antitrust Division, where he oversaw the Division’s criminal enforcement and litigation nationwide. He has earned awards of distinction from the Attorney General of the United States and the Assistant Attorney General for the Antitrust Division.
The Biden administration has made antitrust enforcement one of its key priorities, and high profile antitrust suits continue to make headlines. Moreover, in light of recent changes to key antitrust guidance and policies, as well as increased antitrust enforcement by the Department of Justice (DOJ), Federal Trade Commission (FTC), and state attorneys general, it has never been more important for corporate counsel and business leaders to take stock of both the evolving landscape of antitrust law and the principles of an effective compliance program.
As a first step, every company should implement and execute compliance guidelines and standards to educate business personnel on their obligations under the law. In-house or outside corporate counsel should, at a minimum, have separate policies addressing both (1) overall antitrust compliance; and (2) guidelines to follow in the case of a potential raid or surprise information request from an investigating regulator.
Internal corporate antitrust guidelines and procedures should target not only actual violations, but also conduct that could create the appearance of a potential violation. Price increases, production slow-downs, announcements about future business plans, communications or information exchanges with competitors, and dealer or supplier terminations are activities that are carefully scrutinized by regulators. Care should be taken in any instance where an action or strategy might appear to be inconsistent with unilateral self-interested behavior or where it will have a significant impact on competitors, suppliers, or downstream market participants.
Listen as our authoritative panel provides a substantive review of antitrust law and tackles some of the most pressing antitrust issues facing companies today. The panel will discuss what to consider when constructing an effective compliance program with an eye towards recent enforcement trends and provide common sense answers to key antitrust questions facing lawyers that advise businesspeople.
- Essential antitrust law concepts for corporate counsel
- Recent developments in antitrust law and enforcement trends
- Spotting potential antitrust issues within an organization
- Actions that are red flags for government enforcers and/or antitrust plaintiffs' attorneys
- Documents and contracts that present potential antitrust issues
- Principles of an effective compliance program
- Managing inquiries from state and federal antitrust regulators: reactive vs. proactive interactions
- Key takeaways
The panel will address these and other key topics:
- What kinds of actions are red flags for government enforcers and/or antitrust plaintiffs' attorneys?
- What kinds of documents and contracts should corporate counsel be concerned with from an antitrust perspective?
- What are key considerations for companies when implementing a compliance program to help identify potential antitrust issues within an organization?
- What are best practices for internal investigations if counsel identifies conduct that may give rise to potential antitrust liability?
- What to expect and actions to take if counsel receives a subpoena or investigative demand from state or federal antitrust regulators
