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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Antitrust

Date & Time
  • event Date

    Wednesday, July 23, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This program will provide an overview of the current trade policy environment and the impact of rising tariffs on pricing strategies and antitrust compliance. The panel will explore the potential antitrust risks when implementing tariff responses, particularly pricing changes, highlight the current rise in regulatory scrutiny, and provide guidance for implementing effective antitrust compliance programs to minimize risks. 

Faculty

Mark C. Grundvig
Partner
Foley & Lardner LLP

Mr. Grundvig, a former federal prosecutor with the U.S. Department of Justice, focuses his practice on antitrust investigations and litigation, white collar criminal defense and litigation, government investigations, corporate compliance, and congressional investigations as a partner in Foley’s Antitrust & Competition Practice Group. He served nearly 25 years with the DOJ, most recently as Assistant Chief in the Washington Criminal II Section of the Antitrust Division. As Assistant Chief, Mr. Grundvig oversaw investigations and prosecutions of criminal violations of federal laws relating to competition matters, including price fixing, bid rigging, customer allocation, and fraud. He additionally supervised investigations and litigation handled by the office and provided training, direction, guidance, and approval on investigative plans, litigation strategy, plea resolutions, leniency applications, compliance proposals, and outreach efforts. Mr. Grundvig regularly coordinated with foreign jurisdictions and domestic agencies on case-related matters and served as a senior trial attorney for the Antitrust Division.

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Description

New and rising tariffs have created an uncertain environment for companies navigating their pricing strategies and potentially raise antitrust risks. In the midst of this uncertainty, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) have signaled they are monitoring the responses of companies affected by tariffs and have warned businesses not to exploit tariffs to increase prices or engage in anticompetitive behavior. 

Companies must carefully navigate gathering market information and making price adjustments in response to tariffs to mitigate their exposure to antitrust compliance risks. Some key antitrust considerations for companies impacted by tariffs include limiting information sharing with competitors and instead set prices unilaterally, documenting rationales for pricing policies and determinations, maintaining a record when market information is being collected and how that information will be used, avoiding exclusivity contracts that preclude competitors from using the same supplier, ensuring any joint ventures or other collaborations are structured in a way so as not to fix prices or engage in other anti-competitive activity, and when possible rely on independent consultants or public sources of information when collecting and disseminating market data. 

Listen as our authoritative panel explores the current antitrust climate regarding tariff-related pricing changes and measures companies should take to manage and mitigate antitrust risks.


Outline

I. Market overview: tariffs and their impact on pricing strategies

II. How current market conditions and tariffs can give rise to collusion and antitrust liability

III. Navigating tariff-related responses under increased antitrust scrutiny from federal regulators

IV. Tariff-related price increases: legal framework under antitrust law

V. Implementing an effective compliance program to mitigate antitrust risks under the current tariff policy environment  

VI. Practitioner pointers and key takeaways

Benefits

The panel will discuss these and other key considerations:

  • How have new tariffs given rise to increased antitrust regulatory scrutiny?
  • What are key antitrust considerations when implementing tariff-related responses, particularly price adjustments?
  • How can companies mitigate antitrust risks when implementing pricing strategies and policies to account for new or rising tariffs?
  • What are key considerations when companies gather and monitor market information and how can they ensure these activities do not create antitrust risks?