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Defining Antitrust Markets in Platform Industries

SKU: COM1500
Total Credits
1 - 1.5
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The effects of the Supreme Court’s landmark antitrust decision in Ohio v. American Express continue to reverberate. Platforms have occupied the antitrust spotlight for several years now, but litigation unpacking and applying Amex to platforms is still in its early stages.

This CLE course is designed to update generalists, antitrust practitioners, and inside counsel alike on how lower courts are interpreting and applying Amex when defining antitrust markets involving platforms. The program provides a brief, high-level overview of U.S. antitrust law, reviews the key points of Amex, and reviews key recent developments, including the decision in Epic v. Apple.

Lecturer Bio

Kail Jethmalani, Esq.

Kail Jethmalani counsels clients in all areas of antitrust and competition law, including high-stakes litigation, strategic M&A, sensitive government and internal investigations, and corporate counselling.

Kail currently represents Tyson Foods in its defense of three major treble-damage class action litigations, alleging industry-wide conspiracies to raise the prices of broiler chickens, to suppress compensation paid to poultry growers, and to raise the prices of pork products. He also represents Independence Blue Cross in the largest antitrust class action in US history.

Kail was on the Axinn team nominated in 2018 for Global Competition Review’s Litigation of the Year – Cartel Defense Award for its work on behalf of Nishikawa Rubber Company in the auto parts litigation. The award recognizes “creative, strategic and innovative litigation on behalf of a defendant in a private action for cartel damages”.

Kail advises clients in both domestic and cross-border transactions, representing them before the US DOJ; the FTC; and competition regulators in Europe, China, Korea, Japan, India and other jurisdictions. He recently advised, among others, Dell in its US$67 billion acquisition of EMC; Tyson Foods in its acquisition of Keystone Foods and American Proteins; and Thermo Fisher in its US$1.3 billion acquisition of Affymetrix.

Additionally, Kail maintains an active pro bono practice, recently leading a team that secured asylum for a pro bono client fleeing political persecution. The New York State Bar Association recognised his contributions through the Empire State Counsel programme.

Kail is currently part of the ABA antitrust law section’s leadership, in its integrated marketing initiatives committee. He is also a regular contributor to publications and speaking engagements on antitrust and competition law issues.

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