Broadcast Date: Friday, April 30, 2021
from 12:00 pm to 1:00 pm (ET)
Overview:
Last 2019, the Antitrust Division of the U.S. Department of Justice (DOJ) issued a guidance outlining how DOJ assesses antitrust corporate compliance programs as part of its Corporate Leniency Program. The guidance highlights the importance of an antitrust compliance program in resolving criminal investigations as well as the elements that make up an effective compliance plan.
This is a call for organizations to commit sufficient resources in designing or introducing a corporate antitrust enforcement plan. They are also encouraged to re-evaluate current systems to ensure its effectiveness and identify what steps should be taken to bring antitrust regulatory systems in line with the current DOJ guidance.
In this LIVE Webcast, competition law experts Fabian Leimgruber LL.M., (ThomannFischer) and Esther S. Pyon (Clifford Chance) will provide the audience with an in-depth analysis of the recent developments in U.S. antitrust laws. Speakers will specifically present a practical guide to design and implement an effective antitrust compliance program in light of the DOJ guidance.
Key Issues:
- The DOJ’s Guidance and Its Implication to Antitrust Compliance Programs
- Factors in Determining an Effective Antitrust Compliance Program
- Benefits of an Effective Antitrust Compliance Program
- Best Practices in Designing and Implementing an Effective Antitrust Compliance Program
- Helpful Outlook
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
General knowledge of antitrust laws
Course Code:
148904
Total Credit:
1.0 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Fabian Leimgruber LL.M., Partner
ThomannFischer
Dr. Fabian Leimgruber is a lawyer and senior patent attorney, who has earned an international reputation as litigator and prosecutor mainly in the fields of competition and antitrust law, software and business methods patenting, pharmaceutical and life science IP protection. He practices in an advisory and forensic role as a licensed attorney before various courts on all levels, the Opposition and Appeal Boards of the European Patent Office, as well as national and international arbitration courts.
Juris Doctor in comparative antitrust and competition law. Natural Science Doctor in Physics. Specialized expertise in (i) competition/antitrust law, pharmaceutical industry and reverse payment settlement agreements, (ii) protection of software, business model and artificial intelligence, (iii) information technology (IT), electrical engineering and telecommunications, (iv) nano-technology and bio-chemistry.
Esther S. Pyon, Associate
Clifford Chance US LLP
Esther Pyon is an associate in Clifford Chance’s U.S. antitrust practice in Washington, D.C. She advises clients on compliance with U.S. merger control laws, including the regulatory review of mergers and acquisitions and government investigations into anticompetitive conduct. She also advises clients on compliance with the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, and its related pre-merger notification filing requirements. Esther has also advocated on behalf of clients before the U.S. Federal Trade Commission and the U.S. Department of Justice.
Esther obtained her JD from American University Washington College of Law, cum laude, where she served as an articles editor for American University Law Review. She also obtained her MA in International Affairs from American University School of International Service and received her BA degree in Political Science and Sociology from the University of Michigan. Esther is admitted in New York and Washington, D.C. and speaks English and Korean.
Agenda:
SEGMENT 1:
Fabian Leimgruber LL.M., Partner
ThomannFischer
- Introductory remarks
- What is Compliance?
- Competition/Antitrust Law: Basics
- Competition Law/Antitrust Compliance Targets
- Pillars of Competition Law Compliance
- Risk of Non-Compliance-Competition
- Why to Set Up a Competition Law Compliance Program
- The Nature of Competition Law/Antitrust Infringement
- The Rational of Company Liability for Antitrust Infringement
- The Value of Competition Law/Antitrust Compliance Programs
- How to Set Up an Efficient Competition Law Compliance Program
- Concept and Features of a Compliance Programs
- Effectiveness and Effectiveness Indicators
- The Five Steps for an Effective Competition Compliance Program
- Competition Compliance Program as a Potential Mitigating Factor to Reduce Possible Fines
SEGMENT 2:
Esther S. Pyon, Associate
Clifford Chance US LLP
- DOJ Antitrust Division July 2019 – Evaluation of Corporate Compliance Program Policy Updates
- Effective antitrust compliance program leads to best chances of obtaining benefits under the Antitrust Division's Corporate Leniency Program, including:
- Reduction in defendant's culpability score under Sentencing Guidelines
- Deduction in corporate fines
- No probation for cooperating defendants
- Nine factors for evaluating the effectiveness of an antitrust compliance program
- Effective antitrust compliance program leads to best chances of obtaining benefits under the Antitrust Division's Corporate Leniency Program, including:
- Techniques for tailoring a compliance program for maximum effectiveness
- Tips for effective monitoring and auditing
- US focus on labor markets (wage fixing and no poach agreements)
- December 2020 – DOJ's first criminal case for wage-fixing
- January 2021 – DOJ's first corporate criminal "no-poach" indictment
- Document creation and communication pitfalls
Date & Time:
Friday, April 30, 2021
12:00 pm to 1:00 pm (ET)
Who Should Attend:
- Antitrust Lawyers
- Compliance Executives
- Program Managers
- Corporate Governance Lawyers
- Business Lawyers
- Top-Level Executives
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