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Recent Antitrust Precedents: Government Enforcement, Two-Sided Markets, and Private Label Mergers

(80 reviews)

Produced on February 21, 2019

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Course Information

Time 99 minutes
Difficulty Intermediate
Categories Antitrust

Course Description

Join this exciting panel of experienced antitrust practitioners as they discuss the latest hot topics in antitrust law including recent government enforcement and developments in private actions. Other topics to be discussed include the standard for summary judgment in antitrust law, and recent precedent on two-sided markets and private label mergers. Finally, the program will also provide practical and successful strategies for antitrust counsel looking to improve their practice.


Learning Objectives:

  1. Identify what is driving recent enforcement activity from the US DOJ and FTC, including: (a) vertical mergers (AT&T/Time Warner and Aetna/CVS), (b)  private-label mergers, (c) “no-poaching” agreements among competing employers, (d) licensing of standard essential patents (SEPs) on 'FRAND' terms and relationships between SEP holders and implementers of SEPs, and (e) geographic market definition in health care mergers
  2. Gain an understanding of antitrust issues that are currently presenting challenging issues for courts and enforcement agencies, including two-sided markets at issue in Ohio v. American Express and the direct-purchaser doctrine at issue in Apple v. Pepper
  3. Summarize courts' handling of parallel conduct and evaluation of 'plus factors' in conspiracy cases, and examine their treatment of the Matsushita standard for summary judgment and whether it is being rigorously applied consistently with the criteria established in the Supreme Court's Matsushita decision
  4. Explore why cross-border matters often raise knotty legal privilege issues
  5. Gain a sense for where antitrust enforcement appears to be headed

Credit Information

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Faculty

David Park

Bloomberg

David Park is Global Competition Counsel for Bloomberg L.P., based in New York City. He heads the company’s global antitrust and competition law practice, working on such matters as mergers & acquisitions, joint ventures, the licensing of intellectual property, antitrust risk assessment and compliance, litigation, and competition-related regulatory matters. David has practiced antitrust law for over twenty years. Prior to joining Bloomberg in 2013, David was Special Counsel in the New York office of Willkie Farr & Gallagher LLP, where he worked on a broad range of antitrust and competition law matters.

Bloomberg’s team was shortlisted for Best Global In-House Competition Team in 2018 by Lexology with the support of the Association of Corporate Counsel.

David serves as a member of the New York State Bar Antitrust (“NYSBA”) Executive Committee and the Antitrust & Trade Regulation Committee of the New York City Bar and is a past Secretary of the latter organization. He is also active in the Antitrust Section of the American Bar Association as an Associate Editor of the Antitrust Law Journal and is a Life Fellow of the American Bar Foundation.

David frequently writes and speaks about competition law matters. Recent examples include writing a chapter on Antitrust Consent Decrees in the “Guide to Antitrust Practice Before the Federal Agencies,” CCH Inc., Wolters Kluwer (2016), and serving as moderator and speaker for a NYSBA panel on “Ethical Issues on a Global Scale,” NYSBA Annual Meeting (Jan. 26, 2017), as well as serving as a panelist for the NYSBA’s “Antitrust Developments in 2014: The Year in Review,” NYSBA Annual Meeting (Jan. 29, 2015).

David earned his J.D. and M.A. (Economics) from Duke University and his B.A. (Economics) from The University of Texas at Austin. He is admitted to practice in New York and the District of Columbia.





Richard Wolfram is an independent U.S. lawyer based in New York City.  His practice, launched in 2005, focuses on antitrust counseling and litigation on behalf of corporations, professional organizations and public advocacy entities.  He


▪ advises and litigates on mergers and acquisitions, and joint ventures;  monopolization; price-fixing and market division; distribution (e.g., exclusive dealing, tying and resale price maintenance); price discrimination; standard setting and patent pools; intellectual property licensing and related antitrust/intellectual property issues such as patent misuse; and international antitrust;

▪ has represented U.S. and foreign companies and other entities on antitrust matters in such industries as agriculture, chemicals, telecommunications and media, electricity, financial services, computers and information technology, manufacturing and production, pharmaceuticals and health care, and sports;

▪ has published widely on a number of antitrust topics in U.S. and foreign publications (including French, German, Spanish and Japanese) and has guest-lectured and spoken at conferences on antitrust;

▪ served on the Editorial Board of the Antitrust Law Journal (ABA) (as Assistant Editor and then Associate Editor) from 2000 to 2005; is a member of the Antitrust Section of the ABA and the Committee on Standards and Open Source of the American Intellectual Property Law Association;

▪ has practiced predominantly in antitrust since 1995, including nine years at Clifford Chance/Rogers & Wells in New York City; from 1995 to 2004,and previously worked as an associate in commercial litigation at several large and medium-sized international firms in New York;

▪ attended Fordham University School of Law (J.D., 1985), Trinity College (Connecticut) (B.A., philosophy, 1974), St. Mark's School of Texas (secondary school); is fluent in French and has intermediate-level proficiency in Spanish.

▪ is admitted to the Bar of New York State.





Lori Sherman

Wachtell Lipton Rosen & Katz

Lori S. Sherman joined the Antitrust Department as an associate at Wachtell, Lipton, Rosen & Katz in 1999.

Ms. Sherman received a B.A. from the State University of New York at Stony Brook in 1987. Ms. Sherman completed a J.D. from New York Law School in 1990, where she served as editor-in-chief of the New York Law Review. After law school, Ms. Sherman served as a law clerk to Honorable Roger J. Miner in the U.S. Court of Appeals Second Circuit.

Ms. Sherman is a member of The Association of the Bar of the City of New York, the American Bar Association and the Federal Bar Council.





Subbu Ramanarayanan

NERA Economic Consulting

Dr. Subbu Ramanarayanan is an Associate Director in NERA’s Antitrust and Health Care practices, and adjunct Associate professor of Competitive Strategy at UCLA Anderson School of Management. Dr. Ramanarayanan has extensive experience advising clients on antitrust review of proposed mergers and acquisitions where he has analyzed issues relating to market definition and market power, alleged monopolization, exclusive contracting, price-fixing, alleged foreclosure and for-profit ownership across a variety of settings in health care including hospital services, health insurance, physician services, group purchasing organizations, dialysis services, pharmaceuticals and benefits management.

Dr. Ramanarayanan’s areas of expertise and interest include industrial organization, health economics, applied microeconomics and econometrics. Dr. Ramanarayanan joined NERA after spending six years on the faculty at the UCLA Anderson School of Management. He is an award-winning MBA professor and teaches courses on Business Strategy and modules on Health Care Strategy to MBA students and Executives. He has also taught a course on empirical research methods to graduate students in the Ph.D. program at UCLA Anderson.

Dr. Ramanarayanan is an Editor of the ABA publication, Antitrust Source. He has written extensively on the nature of competition in health care markets and its impact on health care costs and quality. He has published articles in the Antitrust Magazine, the Antitrust Healthcare Chronicle, Antitrust Source as well as leading economics journals, such as the American Economic Review and the Journal of Law and Economics. Notably, his co-authored article titled “Challenges for Economic Analysis of Mergers Between Potential Competitors: Steris and Synergy” was selected as the winner in the Business – Economics category at the Institute of Competition Law’s 2017 Antitrust Writing Awards. Dr. Ramanarayanan has also acted as an academic reviewer to many leading journals in the fields of economics and management.

Dr. Ramanarayanan holds a PhD in managerial economics and strategy from the Kellogg School of Management at Northwestern University, an MBA from the Indian Institute of Management (Calcutta) where he was a Silver medalist, and a B.Tech. in electrical engineering from the Indian Institute of Technology.  Prior to starting graduate school at Northwestern, he worked as a management consultant for McKinsey & Co. in India, where he served clients in retail and health care.





Marc Sandy Block is currently IP Counsel at IBM Corporation, working in standards, bankruptcy, and IP policy. For several years, Sandy was President of the International Intellectual Property Society (iipsny.org) and was a board member for over ten years. He was a contributor to the American Bar Association Manual on Standards and Development, and participated, as a Committee member, in drafting the 2013 National Academy of Sciences Report Patent Challenges for Standard-Setting in the Global Economy. He is a member of the AIPLA Standards and Open Source Committee and Licensing Committee, and is currently vice-chair of the AIPLA Antitrust Committee. He is also a regular guest lecturer at Cardozo Law School. In a previous incarnation, he was an officer in a Special Forces Signal Company (11th SF Group USAR) in Ft. Meade, Maryland. Sandy earned a BS in Electrical Engineering from Lehigh University and a JD from the George Washington University Law School. He is admitted to practice in Virginia, Maryland, New York, and the USPTO.




Reviews

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William H.

Very impressed with the presenters

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