PLAY RECORDING

Broadcast Date: Tuesday, May 03, 2022 from 12:00 pm to 1:30 pm (ET)

Overview:

The concept of a free and open marketplace remains a priority under the Biden Administration as a broad-based effort is underway to revamp the focus of and manner in which antitrust enforcement is conducted. Neo-Brandeisian efforts to reform antitrust are driven by concerns that antitrust enforcement, guided by the concept of maximizing consumer welfare, has been too lax over the last 40 years.

The heads of the Antitrust Division of the Department of Justice and the Federal Trade Commission have expressed their intent to be substantially more aggressive in their antitrust enforcement efforts, across multiple fronts, including in mergers, monopolization, and restraints in labor markets. However, antitrust laws themselves have not changed (at least not yet).  How more aggressive agency efforts may play out in court will be explored – for instance, recent results in various antitrust criminal trials concerning restraints in labor markets will be discussed.

This course offers an overview of the emerging trends and best practices with respect to antitrust enforcement. In a LIVE Webcast, a panel of thought leaders and practitioners will help firms and companies navigate the recent developments in this area of law.

Key topics include:

  • Antitrust Enforcement by the DOJ and the FTC
  • Emerging Antitrust Trends and Developments
  • Notable Antitrust Cases
  • Best Compliance Practices
  • Antitrust 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:

149817

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.5 CLE

Speaker Panel:

Cleve Tyler, Managing Director
Berkeley Research Group, LLC

Cleve B. Tyler, PhD, is a managing director at Berkeley Research Group, LLC who specializes in applying economic analyses to antitrust, intellectual property, and damages issues. An economic consultant with nearly 25 years of experience, Dr. Tyler also teaches, writes, and speaks about competition and intellectual property topics. He has testified at deposition and trial in federal court, in state court, and at arbitration and has analyzed economic and damages issues across many industries such as waste collection and disposal, technology platforms, and enterprise software. Dr. Tyler is an adjunct professor of economics in Johns Hopkins University’s applied economics program, teaching graduate-level courses in industrial organization and microeconomics. He is an author of the book Assets and Finance: Calculating Intellectual Property Damages, published by Thomson-Reuters, and has publications on antitrust issues in Antitrust, Antitrust Bulletin, and Global Competition Review.

Todd R. Seelman, Managing Partner
Lewis Brisbois Bisgaard & Smith LLP

Todd R. Seelman is the Managing Partner of the Denver office of Lewis Brisbois. He is the national chair of the firm’s Antitrust & Competition Practice and also a member of the firm’s Lateral Recruiting Committee and Diversity and Inclusion Committee. Todd has over 30 years’ experience representing corporate clients in matters involving antitrust and competition, securities, and financial fraud. For the past 14 years, he has been an Adjunct Professor of Antitrust and Unfair Competition Law at the University of Denver’s Sturm College of Law.

Phillip Johnson, Managing Partner
EconOne

Philip Johnson: An expert with extensive experience in the complex and sophisticated analyses required for antitrust, class action, and intellectual property matters. In his 18 years as a consultant, Dr. Johnson has written expert reports and testified regarding price fixing, monopolization, patent misuse, patent infringement, reasonable royalties, lost profits, and other analyses of complex data. He has analyzed class certification issues in major antitrust cases, including High Tech Employees, TFT-LCD, and CRT. His expertise in complex data analysis and class issues extends to employment matters. His work has encompassed a wide range of industries including various consumer goods, biotechnology, computer software, and computer hardware.

Agenda:

SEGMENT 1:

Cleve Tyler, Managing Director

Berkeley Research Group, LLC

Talking Points:

  • The Neo-Brandeisian challenge to antitrust
  • The Consumer Welfare Standard
  • Activist agencies operating under current law
    • Role of rulemaking
    • Revision of guidelines
  • Role of states
  • Role of economic analysis in antitrust today and tomorrow
  • Antitrust opportunities and potential pitfalls

SEGMENT 2:

Todd R. Seelman, Managing Partner

Lewis Brisbois Bisgaard & Smith LLP

Talking Points:

I. Current Trends in FTC Jurisdiction/Enforcement

A. History of the Federal Trade Commission Act

B. Historical View of FTC Jurisdiction/Enforcement

C. Current Shift in FTC Jurisdiction/Enforcement

II. Current Trends in Government Antitrust Enforcement in Labor Markets

A. History of Labor Market Restraints

B. Current Direction of Government Enforcement as to Labor Market Restraints

SEGMENT 3:

Phillip Johnson, Managing Partner

EconOne

Talking Points:

The FTC/DOJ Campaign Against Market Power 

I. FTC/DOJ Motivating Principles

a. Concentration and market power is increasing

b. Firms are abusing consumer data

c. Collusive activity is being overlooked

d. Enforcers have been risk averse and misguided

II. Initiatives

a. Limit mergers

b. Oppose unilateral conduct that exploits market power

c. Take a harder line on collusion

d. Increase staffing and litigation

Materials:

Download Course Materials

Who Should Attend:

  • Antitrust Lawyers and Consultants
  • Compliance and Risk Officers
  • Corporate Counsel
  • General Counsel
  • Top-Level Executives

SPEAKERS

Cleve TylerManaging Director
Berkeley Research Group, LLC
Todd R. SeelmanManaging Partner
Lewis Brisbois Bisgaard & Smith LLP
Phillip JohnsonManaging Partner
EconOne

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