The 2010 FTC/DOJ Horizontal Merger Guidelines indicate that merger review should consider whether a proposed merger may lessen competition by eliminating a “maverick” firm that plays a disruptive role in the market to the benefit of consumers. But how do we know when a proposed merger involves such a maverick? In this episode, hosts Alicia Downey and Matt Reynolds talk with Baker Botts LLP partner and DOJ alumna Taylor Owings about what she thinks should be the defining features of maverick firms. Listen to this episode to learn more about the theory of “disruptive innovation,” the maverick concept, and their potential roles in merger analysis.

Taylor M. Owings, Partner, Baker Botts LLP

Related Links:

Taylor M. Owings, “Identifying a Maverick: When Antitrust Law Should Protect a Low-Cost Competitor”, 66 Vand. L. Rev. 323 (2013)

Clayton M. Christensen et al., “What Is Disruptive Innovation?”, Harv. Bus. Rev., Dec. 2015

Edgewell Personal Care Company and Harry’s, Inc. (FTC case page)

U.S. v. H&R Block, Inc., et al. (DOJ case page)

Check out two of Taylor’s favorite board games:

Cyclades | Board Game | BoardGameGeek

Power Grid | Board Game | BoardGameGeek

And a card game that Taylor and Matt both enjoy:

Dominion | Board Game | BoardGameGeek

Hosted by:

Alicia L. Downey, Downey Law LLC and Matthew J. Reynolds, Partner, Huth Reynolds LLP