Broadcast Date: Tuesday, May 21, 2024
from 12:00 pm to 1:30 pm (ET)

Overview:

Cartel investigations are high-stakes, complex legal matters.  If you or your company are facing scrutiny for potential cartel activity, it’s crucial to have a comprehensive understanding of the investigative process and your defense options.

Join our speakers in this CLE webcast as they provide you with a roadmap for navigating cartel investigations effectively. Our expert speakers will break down the key stages of an investigation, from initial inquiries to potential resolutions, and equip you with the knowledge and tools to protect your legal and financial interests.

Key Topics:

  • Identifying the Red Flags
  • Understanding the Investigative Process
  • Building a Strong Defense
  • Cooperation vs. Non-Cooperation
  • Negotiating Resolutions
  • Protecting Your Rights

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of antitrust laws

 

Course Code:

1411129

 

Total Credit:

 

CLE Credit:

MS CLE 1.50 General - Approved Until: 5/21/2025

GA CLE 1.50 General - Approved Until: 12/31/2024

CA CLE 1.50 General - Approved Until: 6/30/2025

PA CLE 1.50 General - Approved Until: 5/21/2026

TN CLE 1.50 General - Approved Until: 5/21/2025

WI CLE 1.50 General - Approved Until: 12/31/2025

VT CLE 1.50 General - Approved Until: 12/31/2025

NJ CLE 1.50 General - Credits through Reciprocity

NY CLE 1.50 Areas of Professional Practice - Credits through Reciprocity

AR CLE 1.50 General - Credits through Reciprocity

CT CLE 1.50 General - Credits through Reciprocity

NH CLE 1.50 General – Meets the requirements of NH Supreme Court Rule 53

 

Self-Apply:

AL, CO, DE, FL, ID, IL, IN, IO, KS, KY, LA, NC, ME, MN, MT, NE, NV, NM, ND, OH, OK, OR, SC, SD, TX, UT, VA, WA, WV, WY

 

If you’d like us to apply for CLE, you may opt to pay the CLE processing fee here.

 

No MCLE Requirements:

DC, MD, MA, MI, SD

 

Not Eligible for CLE:

AK, AZ, HA, MO

Speaker Panel:

Kathryn Lloyd, Senior Associate
Mayer Brown International LLP

Kathryn Lloyd, senior associate, acts for a wide range of clients in respect of contentious and transactional matters, including complex multi-jurisdictional merger control matters.

Kathryn’s transactional expertise is balanced with in-depth experience of behavioural and advisory matters, including abuse of dominance, vertical agreements and cartel investigations, with a particular focus on the insurance, consumer packaged goods, pharmaceuticals, technology and retail sectors. In addition to her legal qualifications, Kathryn holds a postgraduate degree in economics.

Jindrich Kloub, Partner
Wilson Sonsini Goodrich & Rosati

Jindrich Kloub is a partner in the Brussels office of Wilson Sonsini Goodrich & Rosati and a head of its European antitrust team. He focuses on complex antitrust investigations, cartel defense, digital markets regulations, and general antitrust counseling and compliance. Prior to joining the firm, Jindrich was executive director of operations at the Hong Kong Competition Commission (HKCC), where he was responsible for overseeing the HKCC’s antitrust enforcement between 2017-2022. Before joining the HKCC, Jindrich worked as a lead case handler at the European Commission’s Directorate-General for Competition (DG COMP) for more than a decade. During that time, he conducted numerous major international cartel investigations, including precedent-setting cases in the financial services sector involving LIBOR and Forex benchmark rates.

James W. Attridge, Partner
Axinn, Veltrop & Harkrider LLP

James (“Jimmy”) Attridge – former Chief of Staff of the U.S. Department of Justice (DOJ) Antitrust Division, Counsel to the Assistant Attorney General, and federal prosecutor – represents clients in cartel investigations, antitrust litigation, and complex merger reviews. Drawing on his government experience under multiple administrations, Jimmy provides a strategic and comprehensive perspective on a wide range of government investigations and litigation.

Lauded by clients in The Legal 500 United States for his work representing both companies and individuals in cartel matters, Jimmy is adept at navigating antitrust compliance issues, cartel investigations and defense, and follow-on civil litigation. He also counsels clients on engaging with the DOJ in a range of areas where the Antitrust Division has committed to heightened enforcement, including merger reviews, civil conduct investigations, and interlocking directorates.

Agenda:

Segment 1:

Kathryn LloydSenior Associate

Mayer Brown International LLP

Investigation: Powers, rights, building a case.

  • The European Commission’s obligations during dawn raids: Case C-693/20 P Intermarché Casino Achats v Commission, ECLI:EU:C:2023:172.
  • Jurisdictional arguments: The qualified effects test in Europe and other jurisdictions.
  • The requisite legal standard under EU law and international (OECD, ICN) principles: The obligation of the authority to set out its case with sufficient particularity.
  • The role of economic evidence in building a compelling case.

Segment 2:

Jindrich KloubPartner

Wilson Sonsini Goodrich & Rosati

  • Resolving EU Cartel Investigations: Navigate the possible outcomes of EU investigations.
  • EU Cartel Settlements: Benefits and Challenges: Weigh the advantages and disadvantages of the EU's cartel settlement process, including essential considerations.
  • The EU's Cartel Fines: How Are They Determined?: Explore the EU's methodology for calculating fines in cartel cases, offering insights into the factors at play

Segment 3:

James W. AttridgePartner

Axinn, Veltrop & Harkrider LLP

  • Understanding and adapting to U.S. cartel enforcement trends:
    • Detection:
      • Greater DOJ emphasis on ex officio tools, including deploying dedicated in-house investigators.
      • Rather than civil suits following on DOJ cartel resolutions, civil suits are spurring cartel investigations.
      • Enforcers are particularly focused on collusion facilitated by algorithms.
    • Investigation:
      • Emphasis on building cases via affirmative investigative techniques.
      • Particular concern about use of ephemeral messaging applications.
      • Continued focus on Section 2 of the Sherman Act and labor-market collusion.
    • Resolution:
      • Greater willingness to be flexible and creative, e.g., divestiture requirements.

Date & Time:

Tuesday, May 21, 2024

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

Who Should Attend:

  • Antitrust Lawyers and Consultants
  • White-Collar Lawyers
  • Defense Counsel
  • General/In-house Counsel
  • Compliance and Risk Professionals
  • Top Level Executives
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SPEAKERS

Kathryn LloydSenior Associate
Mayer Brown International LLP
Jindrich KloubPartner
Wilson Sonsini Goodrich & Rosati
James W. AttridgePartner
Axinn, Veltrop & Harkrider LLP

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