May

    Exclusive or "Exclusive Enough"? Lessons on Exclusive Dealing Standards from McWane v. FTC

    12:30 PM EDT

    On April 15, 2015, the Eleventh Circuit issued its anticipated opinion in McWane v. FTC  and affirmed the FTC’s decision that certain exclusive dealing practices of McWane, a manufacturer of ductile iron pipe fittings, were unlawful.  The case started over 3 years ago with a seven count administrative complaint under Section 5 of the FTC Act.  Ultimately, only the monopolization count survived.  That count alleged that McWane abused its monopoly power in the market for domestically produced ductile iron pipe fittings by implementing a “full support” program which discouraged customers from switching business from McWane to its competitor, Star.  As a result Star was unable to achieve significant scale in the domestic fittings market and won only limited market share. 

    Given that Star did enter and increase its market share during the relevant period, the case raises interesting questions about the standards for harm in exclusive dealing cases.  How much foreclosure is sufficient?  Should the government need to establish a minimum efficient scale to prove its case?  Under what circumstances does winning against a less efficient competitor expose companies with high market share to litigation risks?  Join our panel as we explore the implications McWane has for exclusive dealing practices as well as what the case reveals about current FTC enforcement strategy.

    Moderators:

    * Steven J. Cernak, Schiff Hardin LLP
    * Justin P. Hedge, Arnold & Porter LLP

    Speakers:

    * Joseph Baker, Federal Trade Commission
    * David A. Balto, Law Offices of David A. Balto
    * Richard M. Brunell, American Antitrust Institute
    * Mary T. Coleman, Compass Lexecon
    * Daniel A. Crane, University of Michigan Law School
     
    FREE:  Antitrust Section Members, Government, Nonprofit Employees and Students
    $25.00:  Other Non-Members

    Learn about Section Membership or call 800-285-2221 to join with source code:  RAT14IP25.  Instructions for accessing the live program will be provided in a confirmation email.  For this and all upcoming events visit:  http://AmBar.org/ATEvents.

    CLE
    The ABA is not seeking CLE credit for this program.

    Audio Archive
    Provided all releases are obtained, MP3 recordings of this program will be available to Section members on the Committee Program Audio page.

     

     

     

     

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    Exclusive or "Exclusive Enough"? Lessons on Exclusive Dealing Standards from McWane v. FTC

    Event Details

    Format

    Teleconference

    Date

    May 04, 2015

    2015-05-04T12:30:00-04:00 2015-05-04T14:00:00-04:00 Exclusive or "Exclusive Enough"? Lessons on Exclusive Dealing Standards from McWane v. FTC

    On April 15, 2015, the Eleventh Circuit issued its anticipated opinion in McWane v. FTC  and affirmed the FTC’s decision that certain exclusive dealing practices of McWane, a manufacturer of ductile iron pipe fittings, were unlawful.  The case started over 3 years ago with a seven count administrative complaint under Section 5 of the FTC Act.  Ultimately, only the monopolization count survived.  That count alleged that McWane abused its monopoly power in the market for domestically produced ductile iron pipe fittings by implementing a “full support” program which discouraged customers from switching business from McWane to its competitor, Star.  As a result Star was unable to achieve significant scale in the domestic fittings market and won only limited market share. 

    Given that Star did enter and increase its market share during the relevant period, the case raises interesting questions about the standards for harm in exclusive dealing cases.  How much foreclosure is sufficient?  Should the government need to establish a minimum efficient scale to prove its case?  Under what circumstances does winning against a less efficient competitor expose companies with high market share to litigation risks?  Join our panel as we explore the implications McWane has for exclusive dealing practices as well as what the case reveals about current FTC enforcement strategy.

    Moderators:

    * Steven J. Cernak, Schiff Hardin LLP
    * Justin P. Hedge, Arnold & Porter LLP

    Speakers:

    * Joseph Baker, Federal Trade Commission
    * David A. Balto, Law Offices of David A. Balto
    * Richard M. Brunell, American Antitrust Institute
    * Mary T. Coleman, Compass Lexecon
    * Daniel A. Crane, University of Michigan Law School
     
    FREE:  Antitrust Section Members, Government, Nonprofit Employees and Students
    $25.00:  Other Non-Members

    Learn about Section Membership or call 800-285-2221 to join with source code:  RAT14IP25.  Instructions for accessing the live program will be provided in a confirmation email.  For this and all upcoming events visit:  http://AmBar.org/ATEvents.

    CLE
    The ABA is not seeking CLE credit for this program.

    Audio Archive
    Provided all releases are obtained, MP3 recordings of this program will be available to Section members on the Committee Program Audio page.

     

     

     

     

    Sponsors

    Section of Antitrust Law

    Co-sponsors

    Federal Civil Enforcement

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