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  • Description

    Designed to update generalists, anti-trust practitioners and inside counsel on the lower courts’ interpretation and application of Ohio v. American Express as it relates to defining antitrust markets involving platforms, this informative CLE course offers a brief but high level overview of antitrust law in the US. Taking into account the impact of the Supreme Court decision in this landmark case and the degree to which platforms have occupied the antitrust spotlight, the course will review the key points of the Amex case, and explore recent developments with a focus on the Epic v. Apple decision.

  • Instructor Bio

    Kail Jethmalani

    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.