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      Contract and Antitrust Remedies for Supply Chain Issues Facing Retailers and Distributors (Including Franchisees and Dealers) [CC]

      Contract and Antitrust Remedies for Supply Chain Issues Facing Retailers and Distributors (Including Franchisees and Dealers) [CC]
      CLE 60 min

      Contract and Antitrust Remedies for Supply Chain Issues Facing Retailers and Distributors (Including Franchisees and Dealers) [CC]

      Clients in the middle of the supply chain face unique challenges that can be exacerbated in times of product shortages. This program evaluates their potential remedies under contract and antitrust law, to enable practicing attorneys to evaluate liability and potential damages in these cases.

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      Closed Captioned.

      In this program, panelists will provide both legal and economic views on four scenarios commonly faced by distributor and retailer clients including franchisees and dealers:

      • Upstream suppliers are charging prices that are too high : A common complaint, which will be analyzed from both contract law and antitrust perspectives.
        • Contract law topic will include
          • good faith and fair dealing (especially whether prices are "reasonable")
          • material breach
          • force majeure
        • .Antitrust law topics will include
          • tying (and related lock-in)
          • collusion by upstream suppliers
          • antitrust harm if the middle-man doesn't pass on price increases
          • the Robinson-Patman Act
          • Dual Distribution concerns
      • Upstream suppliers are providing no or limited supply: Analyzed from contract law perspectives (antitrust will be addressed later in terms of market access issues).
        • Contract law topics will include
          • good faith and fair dealing (is the limited supply justified)
          • material breach
          • Defenses such as impossibility, frustration of purpose, duress, and force majeure (was the supply constraint foreseeable/preventable)
          • This will touch on recent supply-chain challenges caused by pandemic- and weather- related events.
      • Upstream suppliers are showing favoritism towards the client's rivals : Two scenarios, both under antitrust law.
        • If the favoritism/discrimination is based on the size of the distributor or retailer, analyzing if it is a violation of the Robinson-Patman Act.
        • If favoritism is based on distribution channel (e.g., dual distribution), analyzing if it violates other antitrust laws.
        • This will include relevant issues arising in online marketplaces such as Amazon.
      • Your client is having trouble accessing the market: Analyzed from an antitrust perspective.
        • Antitrust law topics will include:
          • Well-known violations, such as exclusionary conduct.
          • Less-common violations, such as Sherman Act Section 8 ("interlocking directorates").

      These discussions will provide an overview of a range of laws which protect your distributor and retailer clients. This will help you to "spot the issues" that arise when using these laws to address the challenges facing your clients.

      This program is an opportunity to hear from two lawyers who have significant experience representing distributors and retailers including franchisees and dealers

      • Carmen Caruso, Carmen D. Caruso Law Firm
      • Xiaoyin Cao, Carmen D. Caruso Law Firm

      Eric Forister, Managing Director at Econ One, will moderate this panel discussion and provide his point of view as an expert economist.

      Product Details

      Panelists

      Carmen D Caruso, Eric Forister, Xiaoyin Cao

      Sponsors

      American Bar Association

      Product Code

      CE2206ECOOLC

      Duration

      60

      Publication Date

      6/27/2022 12:00:00 AM

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