Distribution Issues in the North Atlantic Triangle Part II: Resale Price Maintenance - The New Lay of the Land

October 14, 20091:30pm
None Specified
Distribution Issues in the North Atlantic Triangle Park II: Resale Price Maintenance - The New Lay of the Land
Teleconference and Live Audio Webcast
12:00 - 1:30 p.m. Eastern

Program Description

Over the year commencing in May 2009, and concluding in April 2010, this teleseminar series will examine four of the most frequent and challenging issues that arise in distribution arrangements: tying and bundling; resale price maintenance; exclusive dealing; and refusal to deal. The series will look at the issues from the perspective of three leading North Atlantic jurisdictions - the EC, U.S. and Canada - with a speaker from each of those jurisdictions, as well as a government official from one of those jurisdictions. In each case there will be a paper prepared by a leading practitioner from the three jurisdictions, setting out the current thinking, enforcement policies and jurisprudence with respect to the issues in that jurisdiction.

This second teleseminar of the series addresses the issue of resale price maintenance. This has been an area of substantial and rapid change over the last few years. In the United States the long standing Supreme Court precedent, Dr. Miles, has been supplanted by the Leegin decision, but what does Leegin mean in practice? How will a rule of reason analysis be conducted? Will Leegin stand? Congressional efforts are underway to effect statutorily repeal, and various States have statutes which suggest that a resale price maintenance program in the United States may be impractical. In Canada the law has recently changed to decrminalize resale price maintenance and make it reviewable conduct, subject to potential challenge before the Competition Tribunal.

What do these changes mean to businesses operating internationally? How can distribution policies be harmonized and optimized given the differing and changing legal landscape. Join our expert panel to get the latest thinking on resale price maintenance in the EU, the U.S. and Canada.

Program Moderator

James Musgrove, Partner, Lang Michener LLP, Toronto, ON, Canada

Program Faculty

Alan M. Barr, Assistant Attorney General, Deputy Chief, Antitrust Division at Office of the Attorney General Maryland, Baltimore, MD

Subrata Bhattacharjee, Partner, Heenan Blaikie LLP, Toronto, ON, Canada

Martine Dagenais, Assistant Deputy Commissioner of Competition, Civil Matters Branch, Canadian Competition Bureau, Gatineau, QC, Canada

Claire Jeffs, Partner, Slaughter and May LLP, Brussels, Belgium

Robert M. Langer, Partner, Wiggin and Dana LLP, Hartford, CT

CLE Credit

1.5 hours of CLE credit in 60-minute states
1.8 hours of CLE credit in 50-minute states
CLE credits have been requested in states accrediting ABA teleconferences and live audio webcasts

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirementws of the New York State CLE Board for 1.5 total NY CLE credits.