Ten months into the new Administration, there are now real indications of the more aggressive antitrust enforcement President Obama promised on the campaign trail. As speeches give way to investigations and enforcement decisions, new regulatory approaches to mergers, joint ventures and distribution practices threaten costly and extensive investigations and litigation.
Please join us for an ongoing series of 30-minute teleconferences as we discuss developments in the approaches being taken by US antitrust agencies as well as new laws and policies being generated by courts and the federal government. These teleconferences will enable attendees to quickly get up to speed on the most important new antitrust issues currently faced, as Mayer Brown's antitrust lawyers share the latest news on antitrust developments and provide tips for dealing with the uncertainty wrought by these new initiatives.
In our first session, partner Chris Kelly will discuss the potential impact on joint ventures from the pending American Needle, Inc. v. National Football League case, which may resolve the question of whether Section 1 of the Sherman Act, prohibiting unreasonably anticompetitive agreements, applies to the acts of an existing joint venture. Chris and John will look at American Needle in the context of the agencies' previous statements and enforcement efforts on joint ventures, including the FTC's November 2, 2009 decision in In the Matter of Realcomp II Ltd., and offer suggestions on how joint ventures and their members can mitigate their antitrust risk against the possibility that a Supreme Court decision for American Needle will spark renewed antitrust scrutiny.
Christopher J. Kelly