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Part Three: Section two of The Sherman Act – unilateral conduct (cont’d)

Rounding out our discussion on the Sherman Act, host Jay Levine discusses how businesses enter into contracts utilizing specific tactics to ensure they stay competitive and under what circumstances those tactics become problematic.  Learn how most favored nation and non-discrimination clauses, as well as market share discounts and exchanging non-price information can be used to preclude competitive entry.  Should you include them in your contract? Listen to find out more.…

Can being ‘ethical’ land you in hot water with the Federal Trade Commission?

If it’s written in your organization’s “code of ethics,” it’s ok, right? In a recent post I shared on the DRI blog, two FTC settlements hinged on a review of organizational codes of ethics to determine that very question. The FTC brought administrative actions against two national associations – the National Association of Residential Property Managers (NARPM) and the National Association of Teachers of Singing (NATS) – under the reasoning their codes of ethics were… well, less than ethical.

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Merging? Making an acquisition? Be careful out there

Editor’s note:  this post also appears on

Almost 40 years ago, Congress passed the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”).  The HSR Act provided a mechanism pursuant to which partied to an acquisition of assets or voting securities would be required, if certain thresholds were met, to file a notification form with the antitrust enforcement agencies – the Federal Trade Commission (the FTC”) and the Department of Justice, Antitrust Division (the “DOJ”) – and observe a waiting period before they consummated the transaction.  The HSR Act empowered the FTC to promulgate rules and regulations governing the …

Part One: Section two of The Sherman Act – Unilateral conduct

In this podcast, Jay Levine continues his discussion of the Sherman Act, focusing now on unilateral conduct. Jay talks through some of the details specific to Section Two of the Act. What is monopolization, what is considered an attempt of monopolization and what types of conduct should your business avoid so you can stay aggressively competitive but not land in hot water.…

Part Two: Section one of The Sherman Act – Vertical restraints

Dealing with suppliers or customers….are there any concerns?

Can agreements with suppliers or customers, as opposed to those with competitors, ever run afoul of the Sherman Act? In this podcast, Jay Levine answers that question and provides a brief outline of the Sherman Act’s applicability to “vertical restraints.”…

Part One: Section one of The Sherman Act – Horizontal restraints

Dealing with competitors… do you know the rules?
If your company works collaboratively with competitors, such as exchanging information, agreeing on standards or engaging in a joint venture, you are subject to the parameters of the Sherman Act. In this podcast, Jay Levine provides an overview of the Sherman Act and the types of conduct that Section One of the Sherman Act covers – with a focus on the impact of agreements among competitors, otherwise known as “horizontal restraints.”…

Putting together a crisis plan

Antitrust cases, especially criminal ones, can bring pretty significant media coverage. Often, getting your message out quickly and in the right way can make all the difference. Colleen Marshall, Porter Wright senior attorney and co-anchor of NBC 4 Columbus’s evening news, joins Jay Levine for an in depth discussion on handling a crisis in the media.…

Basics of antitrust

In this podcast host Jay Levine of Porter Wright’s Washington D.C. office provides an overview of the antitrust laws. Jay covers the impact of what different types of conduct can have on a given market, both positively and negatively, as well as how to evaluate whether there are antitrust concerns.…