The International Law Institute (ILI) is delighted to offer a new seminar on 2019 Antitrust and Competition Laws: Foundations and New Developments that will take place at their headquarters in Washington, DC from June 3rd - 7th, 2019. From the formation and collapse of cartels to intellectual property licensing practices, this seminar will explore the fundamental components of antitrust law under the guidance of Howard W. Fogt, an experienced antitrust and competition lawyer who has practiced extensively in both Washington, DC and Brussels, Belgium.

In an ever-expanding global marketplace, international companies increasingly find themselves having to navigate the murky waters of competition law while doing business under many countries’ competition enforcement authorities at once. In a now-notorious case of conspiring to fix prices and allocate sales volumes in the market for lysine, an animal feed additive, American company Archer Daniels Midlands and its Japanese and Korean co-conspirators were able to overcharge lysine buyers in excess of $70 million over a three-year period. However, after having been investigated, indicted, and fined by the US Department of Justice for violating US antitrust laws, these companies faced legal fees and damages five times the amount of their profits from overcharging buyers, and some of their executives faced jail-time. With a renewed vigor on the part of enforcement authorities to identify cartels, an understanding of antitrust law has become all the more vital to conduct business on an international scale.

Mr. Fogt notes, “In the United States, people are subject to US antitrust laws. The US law, unlike most antitrust law, is criminal in nature, at least in part… what I hope to achieve is the ability of the participant to understand the fundamentals of the antitrust principles and then to be able to compare his or her experience in his or her country with what those principles mean and help them to come to some decision about what he or she can do when they return home, particularly if they work for their government.”

This seminar is intended to provide an introduction to antitrust and competition law, and investment control laws for participants from countries where the antitrust infrastructure is relatively new or fragile, and who commonly have had little to no exposure to this subject area. Mr. Fogt hopes to equip participants with the knowledge to better examine their country’s competition laws in view of their policy objectives.

Mr. Fogt points out, “The goal is to give participants an understanding of what the process is and why, in a market economy, competition can be important to deliver to consumers, whether they’re individuals or companies, products and services that are at the lowest and best prices with the best quality.”

The seminar will pair informative lectures on the goals of competition policies, the substantive and procedural aspects of competition policies, and new developments in the field with an advocacy session that will challenge participants, both individually and on teams, to evaluate fact patterns and “solve” hypothetical scenarios in a mock courtroom setting. Participants will also meet with key staff members of the Federal Trade Commission at the U.S. Antitrust Enforcement Agency in downtown Washington, DC.

Howard W. Fogt has practiced antitrust and competition law for more than 40 years as a partner in the Washington DC and Brussels Belgium offices of Foley & Lardner LLP. His practice has involved counselling/litigating on cartels, dominant positions, mergers/acquisitions, joint ventures, information exchanges and the IP/antitrust interface as well as antitrust/competition law in international trade. Mr. Fogt taught EU competition law at Georgetown University Law Center.

He has written and spoken extensively on U.S. EU and international antitrust issues. Prior to entering private practice, he was a law clerk on the Ohio Supreme Court and Associate Counsel on the Antitrust Subcommittee of the Judiciary Committee of the U.S. House of Representatives. He is admitted to the Ohio State Bar, the Bar of the District of Columbia and the United States Supreme Court. He is fluent in English and French.


By Jillian Skonieczka

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