Four Takeaways From The ABA Antitrust Section’s 2015 Spring Meeting

This year's 63rd ABA Section of Antitrust Law Spring Meeting featured extensive remarks from antitrust regulators forewarning of more vigorous antitrust enforcement in 2015. The Proskauer antitrust team was on the ground and provides a report highlighting four key takeaways to help companies tailor their antitrust compliance and preparedness.

Over 2,900 antitrust attorneys, economists and policy makers met in Washington, D.C. last week for an extended, three-day discussion regarding the latest developments and forecasts in antitrust law and enforcement around the globe. This year's Spring Meeting was noteworthy for a few reasons. First, the meeting kicked off moments after the European Union publicly announced a formal complaintagainst Google for violating Europe's competition laws. Second, it was the first time that the meeting featured a visit from the United States Attorney General. In his remarks, Attorney General Eric Holder forewarned that the Department of Justice would be delivering significant antitrust criminal news in the next few weeks. Third, comments by panelists from the Department of Justice and the Federal Trade Commission make clear that vigorous antitrust enforcement continues to be a top priority of agencies in the United States and abroad.

Whether global or local – and regardless of size – companies and transactions are undeniably subject to a heightened amount of antitrust scrutiny. That scrutiny includes the potential for significant penalties and remedies. Regulators are noting an uptick in aggressive and complex transactions across markets. The regulators at the Spring Meeting emphasized that they will not shy away from litigating even the most complex cases through trial. Perhaps more than ever, it is important that companies treat proactive antitrust compliance as a smart business policy. Strong antitrust compliance programs can be measured by how well – and how early in a business decision's life cycle – a company's business personnel understand that antitrust risks can arise in the most typical commercial arrangements as well as in complex deals. Consequently, antitrust advisors – both in-house and outside the company – must effectively keep up with the rapid pace at which business, product innovation and antitrust law are advancing.

1. Antitrust Enforcement Is on the Rise, and the Agencies Are Trial-ready. The FTC and the DOJ repeatedly emphasized their antitrust litigation capabilities and recent winning streak in antitrust cases across many enforcement areas. They noted wins in merger challenges, non-merger civil cases, criminal cases and appeals. Their recent litigation success stories included the DOJ's February 2015 victory in United States v. American Express after a seven-week trial and the FTC's recently affirmed victory in St. Alphonsus v. St. Luke's Health System. The government's messaging was reinforced when, on the first day of the...