When analyzing potential exposure to a Sherman Act Section 1 violation, antitrust practitioners focus first on whether the conduct is horizontal (between or among competitors) or vertical (between or among entities on different levels of the supply chain). This threshold determination can mean the difference between the application of per se liability or rule of reason analysis. But what if the conduct falls somewhere in between? This brown bag program will cover the current state of the law and recent developments regarding "hub-and-spoke" agreements, offering guidance on how to assess exposure and avoid potential liability when conduct involves both horizontal and vertical arrangements. Kate Patchen, Chief of the Antitrust Division’s San Francisco Field Office, will offer an enforcer’s view while Rachel Brass, partner at Gibson, Dunn & Crutcher LLP, and Jennifer Hackett, partner at Zelle LLP, offer their views from the defense and plaintiff side, respectively.
For more information or to register, visit the ABA's website.