Live Webinar

65-minute live streaming program
  • November 10
  • 1:00 - 2:05 pm EST

Antitrust Issues for the Retail Industry

November 10

Spot potential anticompetitive conduct and ensure your organization’s compliance with law.

In today’s competitive retail environment, knowledge and awareness of the antitrust laws and their implications are more important than ever. As competition law evolves in response to technology and a rapidly changing business environment, retail companies must be cognizant of these changes to support and protect their organizations. Whether facing improper conduct by competitors or suppliers, or to protect against scrutiny from regulators or rivals, this shifting legal landscape poses both opportunities and threats for retailers. This topic is designed to provide an overview of key antitrust issues relevant to companies in the retail sector, so that organizations are able spot potential anticompetitive conduct and ensure their organization’s compliance with law. Covering topics ranging from pricing and distribution arrangements, including retail price management (or RPM), to exclusionary conduct by dominant rivals and compliance concerns, including how retailers can comply with the Biden Administration’s Executive Order on Promoting Competition in the American Economy, this topic will provide retail lawyers with the insights needed to protect their business.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Distribution Arrangements and Suppliers
  • RPM and Non-Price Arrangement
  • Dealer Termination and Refusals to Deal
  • Exclusive Dealing
  • Tying/Full-Line Forcing
Anticompetitive Conduct From Dominant Competitors
  • Threats to Supply Through Exclusive Arrangements or Group Boycott
  • Exclusionary Conduct Raising Rivals' Costs (e.g., Tying, Bundling, Predatory Pricing)
  • Foreclosure of Customers or Suppliers Through Deception
  • Conduct Other Than 'Legitimate Competition'
Compliance Issues
  • Agreements With Competitors and Suppliers
  • Noncompetes and Non-Poaching Agreements
  • Working With Trade Associations and Other Industry Organizations
  • Dynamic Pricing and Price Gouging
Payments Issues
  • Dominant Suppliers (Visa, MC, American Express)
  • Evolving Payments Landscape
  • Reducing Payments Costs
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • FL CLE 1.5 including Antitrust and Trade Regulation 1.5
     
  • This course has been approved by The Florida Bar for a total of 1.5 hours of CLE credit. The course is approved for the following: Antitrust and Trade Regulation for 1.50 hours.
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IA CLE 1.0
     
  • Antitrust Issues for the Retail Industry is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.0 hours of credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.1
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
     
  • MN CLE 1.0
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
     
  • MO CLE 1.3
     
  • This program has been approved by the Missouri Bar for 1.3 hours of CLE.
     
  • MS CLE 1.1 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • NC CLE 1.0
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.0 CLE hours.
     
  • ND CLE 1.0
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.0 hours of CLE credit.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.25 (Pending)
     
  • This course has been submitted to the Supreme Court of Ohio Commission on Continuing Legal Education for 1.25 CLE hours. Approval pending.
     
  • OR CLE 1.0
     
  • Approved for 1.0 CLE credits in Oregon.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • TN CLE 1.08
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.08 hours of credit.
     
  • TX MCLE 1.0
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.0 hours of CLE credit.
     
  • UT CLE 1.0
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.0 CLE hours.
     
  • VA CLE 1.0
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • NALA 1.0
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.0 hour(s).
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is primarily designed for attorneys. Other legal professionals may also benefit from attending.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Harrison J. McAvoy

Harrison J. McAvoy

Constantine Cannon LLP

  • Associate in Constantine Cannon LLP’s New York office
  • Has served as counsel in several high-profile antitrust cases, including In Re Payment Card Interchange Fee Litigation and In re Transpacific Passenger Air Transportation Anti-trust Litigation, and has experience through all phases of complex litigation, including trial, class certification, dispositive motion practice, and discovery
  • Has experience litigating cases involving the prosecution and defense of claims under the antitrust laws in a variety of industries, including retail, financial services, transportation, and technology, and involving claims of monopolization, price fixing, group boycott, and bundled discounts
  • Has litigated class action cases and has extensive experience through all phases of expert discovery
  • Has extensive defense-side and compliance experience, and previously served as a law clerk in the United States District Court for the District of New Jersey
  • Can be contacted at [email protected]
Jeffrey I. Shinder

Jeffrey I. Shinder

Constantine Cannon LLP

  • Managing Partner of Constantine Cannon LLP’s New York office
  • Extensive antitrust litigation experience with expertise in numerous industries including payments systems, technology, and retail, among others
  • Widely recognized antitrust expert; has acted as Special Counsel to the U.S. Federal Trade Commission, serves on the Advisory Board of the American Antitrust Institute, and was selected to the New York Super Lawyers list for 2007 to 2021
  • Has worked on numerous high-profile antitrust cases, including In Re Payment Card In-terchange Fee Litigation, MDL 1720, as lead counsel to 60 of the nation’s largest retail merchants; Regulation II (Debit Card Interchange Fees and Routing), as lead counsel to the Merchants Payments Coalition in proceedings before the Board of Governors of the U.S. Federal Reserve System concerning the regulation of debit interchange; Discover v. Visa/Mastercard as co-lead counsel; in re Visa Check/MasterMoney Antitrust Litigation, as counsel to several major retailers and a certified class of 4 million merchants; among many others
  • Has written extensively on antitrust issues, including as a contributing author to the Fourth Edition of The Antitrust Advisor, a major antitrust hornbook, and in prominent publications, including The American Banker, Forbes.com, Fortune at CNNMoney.com, the National Law Journal, the New York Law Journal, Competition Law360, Columbia Business Law Review, Antitrust Magazine, among many others
  • Has lectured extensively on antitrust issues and been quoted in prominent outlets regarding antitrust law and retail, including in the Wall Street Journal, New York Times, Bloomberg, and many others
  • Can be contacted at [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 409186
Published 2021
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