Hot Topics in Antitrust Law

Once a niche practice area, antitrust has been making headlines seemingly nonstop for the last few years. In a rapidly changing political environment, what do attorneys need to know to stay current in this dynamic area? This CLE provides a foundation in selected emerging issues.

First, we will start with a sleeper hit. Once a mainstay of antitrust enforcement asserted in hundreds of cases per year, the Robinson Patman Act (RPA) has been largely abandoned by federal enforcers since the 1980s. Now several high-profile cases– including a plaintiff-side jury verdict– have brought this price discrimination law back into the spotlight. We will cover the core elements and defenses relating to RPA claims, as well as recent case law trends. 

Second, we will review the Department of Justice’s (DOJ) resurrection of Section 8 of the Clayton Act, which seeks to promote competition by preventing “interlocking directorates.” A rare “per se” rule in a sea of judge-made “rule of reason” antitrust jurisprudence, Section 8 categorically prohibits directors and officers from simultaneously serving on a competitor’s board. Exceptions are limited– but are there nonetheless gray areas relating to this bright line rule? 

Finally, we will turn to efforts to revive a long-lost remedy: structural separations. Legendary breakups of Standard Oil and AT&T, and even the attempted breakup of Microsoft can seem like fables from distant eras dominated by completely different technological paradigms. Have the Big Tech cases brought us any closer to revitalizing one of the most powerful tools in antitrust law in a lasting way? What about a divestiture order targeting an obscure door and window manufacturer? We will cover recent outcomes as well as doctrinal developments.

This CLE provides a foundation that equips attorneys of all experience levels with a background on core legal frameworks and an understanding of emerging issues. 

Learning Objectives: 

• Identify core elements of selected federal antitrust laws
• Analyze trends in federal and private claims
• Spot issues that arise when adapting lesser used authorities to modern contexts
   

Course Time Schedule:

Eastern Time: 6:30 PM - 7:30 PM 
Central Time: 5:30 PM - 6:30 PM
Mountain Time: 4:30 PM - 5:30 PM
Pacific Time: 3:30 PM - 4:30 PM
Alaska Time: 2:30 PM - 3:30 PM
Hawaii-Aleutian Time: 1:30 PM - 2:30 PM

This course is also being presented on the following dates:

Monday, March 24, 2025
Monday, April 28, 2025
Monday, May 26, 2025
Monday, June 23, 2025
Monday, July 28, 2025