Developments in Antitrust Law & Regulation 2026: New Frontiers in Vertical Restraints, “Exclusionary Contracts” and Resale Price Maintenance

Speaking Engagement | April.29.2026 | 2:45pm - 3:45pm (Eastern Standard Time)

Practicing Law Institute

This session will provide an overview of vertical restraints, exclusionary contracts, and RPM and discuss related updates. After completing this session, participants will be able to understand: 

  • How U.S. antitrust enforcers at the federal and state level scrutinize vertical restraints and how such policy has changed in the first year of Trump 2.0.
  • How the DOJ’s wins in Google search (exclusive dealing) and Google AdTech (tying) impact potential scrutiny of exclusive dealing and tying in other contexts.
  • How courts distinguish between vertical and horizontal agreements in pricing algorithm and other “hub-and-spoke” cases.
  • The potential impact of upcoming decisions in LiveNation, Visa, and Amazon on how courts analyze tying. 
  • How the DOJ’s position on duties to supply rivals and customers who help rivals has been evolving over time as reflected in recent policy statements, amicus briefs, and the case against Apple.
  • How allegations in FTC v. Amazon impact scrutiny of most favored nation clauses, and forms of resale price maintenance.
  • How scrutiny of rebating practices may change after the FTC case against pharmacy benefit managers.
  • What companies can do to manage antitrust risk when attempting to prevent channel conflict, cannibalization, and free riding in their distribution networks, including in e-commerce.

CLE Credits Available: Y