2022 Antitrust Conference: The Basics of Antitrust Law for the Novice Attorney

Antitrust partner Richard Taffet will participate at MyLawCLE’s 2022 Antitrust Conference: The Basics of Antitrust Law for the Novice Attorney. Richard will present during Session IV, “The Rule of Reason and Big Tech,“ from 3:30–4:30 pm EST.

Under Section 1 or Section 2 of the Sherman Act, whether conduct involving “big tech” is pro- or anticompetitive is often subject to rigorous dispute. Recent cases offer some guidance regarding how to assess such conduct under the Rule of Reason, but questions remain regarding whether traditional factors are sufficient for defining markets, assessing market power, and accounting for dynamic competition in “high tech” markets.

Topics Will Include:

• Have courts settled on an applicable Rule of Reason framework for “high tech” industries?
• What limitations, if any, should exist for establishing legitimate justifications for challenged conduct?
• How should platform competition be considered in assessing constraints on market or monopoly power?
• Do market shares and a SSNIP test have continued viability in “high tech” markets?