When is an exclusive dealing arrangement an efficient contractual mechanism, and when is it a means to lessen competition? This timely ABA program discusses exclusive dealing with private practitioners and officials from three leading jurisdictions ? the EU, U.S. and Canada.
The European Commission has recently adopted new governing rules in the EU that are effective on June 1. What is the EU?s policy on single branding restraints and exclusive distribution/supply restraints for the coming ten years? Luc Peeperkorn of the Commission will explain the EU?s new legal framework and the Commission?s policy approach.
The program will also provide insight into how U.S. antitrust enforcement has changed since the Obama Administration?s withdrawal of DOJ's Section 2 Report issued during the Bush Administration.
In Canada, exclusive dealing may be examined under the specific exclusive dealing provisions or the general unilateral conduct provisions of the Competition Act. As a result of recent amendments that allow for significant financial penalties under the Competition Act, industry leaders need to be more aware of how certain aggressive business strategies, such as exclusivity, affect the market.
Our experts will help put these developments in a practical and international context.
OUR EXPERT FACULTY
Program Moderator
Stephen Kinsella OBE, Partner, Sidley & Austin LLP, Brussels, Belgium
Program Faculty
Luc Peeperkorn, Policy Analysts, European Commission, Brussels, Belgium
Michelle Lally, Partner, Osler, Hoskin & Harcourt LLP, Toronto, Canada
Hill B. Wellford, Partner, Bingham McCutchen LLP, Washington, DC
Marleen Van Kerckhove, Partner, Arnold & Porter LLP, Brussels, Belgium
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