Competitor Information Sharing in Joint Ventures and Mergers: Minimizing Antitrust Risks
Avoiding Gun-Jumping and Other Restraints on Competition
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to antitrust practitioners on the potential liability risks competitors face when sharing information related to a joint venture or when considering a merger. The panel will offer insights and guidance from recent court rulings and government enforcement actions.
Outline
- Information sharing in the pre-merger context: avoiding gun-jumping
- Specific applications during due diligence and transition planning; joint marketing; transaction documentation; meetings of executives
- Guidelines and best practices
- Information sharing among competitors
- Overview of applicable law
- Risks of competitive information exchanges
- Specific applications: benchmarking, trade associations and standard setting
- Guidelines and best practices
- Learning from recent developments at the antitrust agencies and from private litigation
Benefits
The panel will review these and other key issues:
- What are the key activities that merging parties and competitive collaborators should avoid?
- What guidance do recent court decisions provide for competitor joint ventures?
- What safeguards should companies implement to prevent sharing information that will violate antitrust law?
Faculty
Karen Kazmerzak
Partner
Sidley Austin
Ms. Kazmerzak, a former FTC attorney, has a broad practice counseling clients regarding antitrust matters involved in... | Read More
Ms. Kazmerzak, a former FTC attorney, has a broad practice counseling clients regarding antitrust matters involved in M&As and concerning antitrust issues in licensing, distribution, pricing, and competitor collaborations. She represents clients seeking merger clearance from the FTC and the U.S. DOJ, and clients that are third-party market participants subpoenaed by the government or that oppose an acquisition. Ms. Kazmerzakalso works closely with co-counsel and economists to develop the best global strategy for clients’ advocacy across several jurisdictions, including in the U.S.
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Mary Lehner
Partner
Freshfields Bruckhaus Deringer
Ms. Lehner focuses on representing clients before the U.S. DOJ, the FTC and the state attorneys general on the... | Read More
Ms. Lehner focuses on representing clients before the U.S. DOJ, the FTC and the state attorneys general on the antitrust aspects of M&As, joint ventures, distribution and IP arrangements, and other competitive conduct. She is a former advisor to two FTC chairmen, providing counsel on antitrust investigations, enforcement actions, domestic and international policy initiatives, public relations and congressional strategies. Prior to her post in the chairman’s office, Ms. Lehner oversaw antitrust merger investigations as a lead attorney in the FTC’s Bureau of Competition.
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Meghan Rissmiller
Partner
Hogan Lovells
Ms. Rissmiller focuses on antitrust litigation, merger clearance, and non-merger antitrust investigations. She... | Read More
Ms. Rissmiller focuses on antitrust litigation, merger clearance, and non-merger antitrust investigations. She additionally has experience in consumer protection litigation and investigations. She also provides counseling for clients on a range of antitrust issues, including joint ventures, exclusivity, resale price maintenance, benchmarking, and antitrust compliance.
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