Broadcast Date: Tuesday, August 22, 2023
from 12:00 pm to 1:30 pm (ET)

Overview:

Competition laws ensure all companies, regardless of size or power, have fair opportunities to succeed in their markets. However, rapid technological advancements have made it difficult for antitrust bodies to regulate certain industries. This leaves companies with little guidance on how to continue developing innovative products and services without being hindered by overly restrictive regulations or resorting to anti-competitive practices.

Hence, as the antitrust landscape continues to evolve, businesses and their counsel must proactively monitor regulatory trends and updates as well as revisit their compliance programs to avoid exposure to risks and future liabilities.

Join a panel of key thought leaders and practitioners assembled by The Knowledge Group as they provide the audience with an in-depth discussion of recent developments and potential enforcement directions surrounding antitrust laws. Speakers will also offer the best practices for businesses to thrive under the current legal climate while maintaining compliance.

Key issues that will be covered in this course are:

  • Antitrust Laws: An Overview
  • Recent Regulatory Developments and Enforcement Actions
  • Key Challenges and Opportunities
  • Effective Compliance Tips and Strategies
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of antitrust law

 

Course Code:

1410640

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.5 CLE

Speaker Panel:

David Shotlander , Partner
Haug Partners LLP

David Shotlander is an antitrust Partner at Haug Partners, and focuses his practice on antitrust litigation, government investigations and counseling. Mr. Shotlander has predominantly participated in the defense of companies in complex class action litigation and internal investigations on issues pertaining to antitrust, fraud and general business torts, and has significant experience with electronic discovery and motion practice. Mr. Shotlander has represented pharmaceutical companies on matters involving critical and emerging antitrust issues, including suits alleging “reverse payment”, sham litigation, sham petitioning, and Walker Process fraud. He has also represented parties in merger and civil non-merger investigations before the Federal Trade Commission, Department of Justice and state attorney generals.

Carol Xianxiao Liu, Associate
Axinn, Veltrop & Harkrider LLP

Carol Liu represents clients in all aspects of antitrust law, including mergers, high-stake litigation, government investigations, and antitrust counseling. She has represented U.S. and foreign clients before the Department of Justice, Federal Trade Commission, and State AGs, and international enforcers in Europe and Asia, in connection with merger review and investigations. Additionally, she has defended clients in large antitrust and class action litigation. She has represented clients across different sectors including healthcare and pharmaceuticals, technology, consumer goods, aerospace, and automotive industries.

Liang Ding, Partner
10+ Years of Experience in Antitrust Litigation, Investigation, and Compliance

DeHeng Law Offices

Mr. Ding focuses on merger filing, antitrust litigation, antitrust investigation, and antitrust compliance. He has accumulated a vast amount of experience in his more than ten years of practice. Mr. Ding was one of the first Chinese lawyers to appear in the WTO, and is one of the first lawyers in China to have been in contact with and long engaged in the 337 investigation practice.

Agenda:

David Shotlander , Partner

Haug Partners LLP

1) General: innovation is what improves society and productivity – it is something that society wants/needs more of and therefore it is encouraged and incentivized—it is rewarded.  One reward for innovation is avoidance of competition.  On the other hand, the entire field of antitrust responds to the economic evil of lacking competition.  Innovation and antitrust create a natural tension, attract constant scrutiny and require a delicate balance.

 

2) In life sciences, innovation drives competition.  Companies that discover and invent thrive.  They thrive because PTO and FDA reward new inventions with lack of competition., such as patent rights, new product exclusivity, 30-month stays, etc.  Exclusivity drives innovation.  But exclusivity could also drive manipulation such that a non-innovator may seek the exclusivity afforded to innovators, and thus avoid competition improperly – patent fraud, sham patent litigation, anticompetitive settlements, product-hopping, etc.  These examples are extremely prevalent in pharma antitrust, including former innovators who try to retain exclusivity beyond the allotted period.

 

3) Life sciences antitrust is built on challenging claims of innovation, and pursued by actors who have little interest in innovation (plaintiffs’ bar, and even the government), creating an environment where any/all innovation could be subject to a challenge.  It is not enough to innovate—an innovator must be able to continually prove its merit.

 

Carol Xianxiao Liu, Associate

Axinn, Veltrop & Harkrider LLP

  • Changing Attitude Towards Innovation and Antitrust
  • Nascent Competition
  • Nascent Competition in Merger Enforcement

 

Liang DingPartner

10+ Years of Experience in Antitrust Litigation, Investigation, and Compliance

DeHeng Law Offices

  • Overview of IP Antitrust Rules in China
  • Draft Guidelines on Anti -monopoly in the Field of SEP

Date & Time:

Tuesday, August 22, 2023

12:00 pm to 1:30 pm (ET)

Who Should Attend:

  • Antitrust Lawyers and Consultants
  • Corporate Counsel
  • M&A Lawyers and Consultants
  • Risk and Compliance Officers
  • General Counsel
  • Top-Level Executives
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SPEAKERS

David Shotlander Partner
Haug Partners LLP
Carol Xianxiao LiuAssociate
Axinn, Veltrop & Harkrider LLP
Liang DingPartner
10+ Years of Experience in Antitrust Litigation, Investigation, and Compliance
DeHeng Law Offices

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