12:00 pm - 1:00 pm EST
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McDermott Will & Emery’s antitrust team is pleased to invite you to a webinar providing an overview of emerging antitrust issues in mergers and acquisitions (M&A) and joint venture transactions, case developments on employee non-solicitation arrangements and developing issues around alleged price manipulation in energy markets. We will also provide a summary of the aggressive enforcement environment in the second term of the Obama administration. Our panel of highly experienced antitrust practitioners will cover the following topics during the presentation:
- The antitrust enforcement environment—The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) have been very active in challenging transactions and other business conduct, and have become far more adept at trying cases to victory.
- Merger remedies—The regulators have been more aggressive in insisting upon full structural relief, such as the divestiture of a facility (e.g., a power plant), and rejecting remedies short of that, such as contractual ‘divestiture’ of a plant’s output.
- Joint bidding for valuable assets—Several investigations and lawsuits have arisen from energy companies’ arrangements in bidding for oil and gas rights, including a DOJ settlement in the Gunnison / SGI case, and government investigations and private litigation in the Chesapeake / Encana matter. Similar issues can arise for private equity and other firms in the context of bidding for corporate acquisitions.
- Collective actions relating to employment—DOJ has obtained several consent orders, and multiple private litigations are proceeding, challenging non-solicitation, wage and salary standards, and other arrangements that may tend to suppress competition in hiring employees.
- Price manipulation—Reminiscent of the U.S. Commodity Futures Trading Commission’s investigation of alleged false price reporting to natural gas price industry publications, the European Commission and FTC recently launched investigations into alleged collusive manipulation of the price of Brent crude oil futures traded on futures exchanges. Private antitrust litigation is now pending against major oil producers and trading houses.
This program is designed for in-house counsel and corporate and energy transaction and regulatory counsel at law firms. This program will provide an overview of the legal environment, as well as explain the significant issues and trends that could affect their counseling. While the coverage should be of interest to practitioners in all industries, the discussion is expected to be of particular interest to lawyers representing oil and gas or other energy industry clients, which is where many of these issues have arisen.
Alison L. Smith, Partner
Jon B. Dubrow, Partner
For more information, please contact McDermott Events.
CLE credit for the live presentation of this program is pending in the following states: California, Illinois and New York. A Uniform Certificate of Attendance will be made available to participants requesting CLE credit in all other states. Credit shall be awarded only for attendance of the entire webcast; no partial credit shall be awarded for attending a portion of the webcast. Please note that in accordance with applicable state MCLE rules regarding attendance validation, each attendee seeking credit must log in to the webcast individually. Credit will not be granted for multiple attendees using one log in. Please be advised that CLE credit will not be approved for on demand/recorded viewings of this program in the states listed above. Attendees seeking credit in other states should consult their state CLE accrediting agency to determine whether self-study credit can be earned for on demand/recorded viewing of this program.