- Karen Kazmerzak / Sidley & Austin LLP
- Shari Ross Lahlou / Dechert LLP
- Sharis Pozen / Clifford Chance
- Jan Rybnicek / Freshfields Bruckhaus Deringer
- Andrew Sweeting / Federal Trade Commission
Presented by the Mergers and Acquisitions Committee.
The FTC has shown an increased interest in pursuing coordinated effects cases in recent years. The agency challenged Tronox/Cristal in 2018 and Evonik/PeroxyChem in 2019, alleging in both that the merger would harm competition by making coordination more likely. But the cases had very different litigation outcomes. What are the lessons from these two merger challenges? What are the lessons from these two merger challenges? What are the similarities and differences between the two mergers? If you have a deal where coordination could become a primary theory of harm, what are the most important points to hit home and communicate with the agencies? Panelists will discuss their perspectives and practical tips.