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About the Course
Introduction
This program will provide an overview of the current trade policy environment and the impact of rising tariffs on pricing strategies and antitrust compliance. The panel will explore the potential antitrust risks when implementing tariff responses, particularly pricing changes, highlight the current rise in regulatory scrutiny, and provide guidance for implementing effective antitrust compliance programs to minimize risks.
Description
New and rising tariffs have created an uncertain environment for companies navigating their pricing strategies and potentially raise antitrust risks. In the midst of this uncertainty, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) have signaled they are monitoring the responses of companies affected by tariffs and have warned businesses not to exploit tariffs to increase prices or engage in anticompetitive behavior.
Companies must carefully navigate gathering market information and making price adjustments in response to tariffs to mitigate their exposure to antitrust compliance risks. Some key antitrust considerations for companies impacted by tariffs include limiting information sharing with competitors and instead set prices unilaterally, documenting rationales for pricing policies and determinations, maintaining a record when market information is being collected and how that information will be used, avoiding exclusivity contracts that preclude competitors from using the same supplier, ensuring any joint ventures or other collaborations are structured in a way so as not to fix prices or engage in other anti-competitive activity, and when possible rely on independent consultants or public sources of information when collecting and disseminating market data.
Listen as our authoritative panel explores the current antitrust climate regarding tariff-related pricing changes and measures companies should take to manage and mitigate antitrust risks.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, July 23, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Market overview: tariffs and their impact on pricing strategies
II. How current market conditions and tariffs can give rise to collusion and antitrust liability
III. Navigating tariff-related responses under increased antitrust scrutiny from federal regulators
IV. Tariff-related price increases: legal framework under antitrust law
V. Implementing an effective compliance program to mitigate antitrust risks under the current tariff policy environment
VI. Practitioner pointers and key takeaways
The panel will discuss these and other key considerations:
- How have new tariffs given rise to increased antitrust regulatory scrutiny?
- What are key antitrust considerations when implementing tariff-related responses, particularly price adjustments?
- How can companies mitigate antitrust risks when implementing pricing strategies and policies to account for new or rising tariffs?
- What are key considerations when companies gather and monitor market information and how can they ensure these activities do not create antitrust risks?
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