Antitrust Issues

Seminar A: Avoiding Price Fixing Problems: Good Housekeeping Is Good Management

Over the years, the Department of Justice has instituted prosecutions of a number of companies and executives for price fixing. In the antitrust area, the road to good housekeeping can be fraught with peril. This seminar covers some major points that every company should consider in reviewing its antitrust situation. Topics covered include practices that can be misconstrued as collusion, the use, benefits, and limits of antitrust policies, the importance of exit interviews, documentation retention policies, and responding to inquiries from customers, employees, former employees, and the government.

Seminar B: How to Avoid Pitfalls in Antitrust Investigations

Industries characterized by intense competition are often subject to charges of price fixing and other antitrust violations. Because competing companies are hit with cost increases simultaneously, they respond with price hikes that can trigger a Justice Department investigation leading to antitrust charges.

In the process of successfully defending companies charged with antitrust violations, FVLD has found that a favorable outcome often hinges on thorough preparation by the company under investigation. Our expertise in defending antitrust matters is well documented. For example, the Firm worked closely with a Coca-Cola bottler that had been indicted for price fixing and faced civil class action liability of more than $300 million. Through an aggressive and unorthodox defense strategy, the criminal charges were withdrawn by the Justice Department and the civil cases were dismissed. This presentation features guidelines that FVLD has developed, including:

• How to adopt a basic strategy and develop a game plan.
• How to prepare; make well reasoned, logical decisions based on facts; and conduct internal investigations through outside counsel.
• Why it is so important to begin at once and stay ahead; promptly preparing documentation and testimony can avoid playing "catch up" with the Justice Department.

This seminar can provide invaluable insights to help companies avoid the pitfalls of an antitrust investigation.