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#70 Would Anything Have Changed? The Use of the Failing Firm “Defense” in Merger Control.

https://ourcuriousamalgam.com/episode-player/1263/70-would-anything-have-changed.mp3

The implications of a merger are measured against the situation without the transaction going ahead. But what happens when the business being taken over is in difficulties? Courtney Dyer of O’Melveny & Myers in Washington, DC and Nicholas Levy of Cleary Gottlieb in London join Matthew Hall and John Roberti to discuss the application of the merger control rules to failing firms, including the impact of the coronavirus pandemic. Listen to this episode to learn more about the failing firm “defense” in merger control in the U.S., EU, UK and elsewhere.

Courtney Dyer, Partner, O'Melveny & Myers LLP

Courtney Dyer, Partner, O’Melveny & Myers LLP

Nicholas Levy, Partner, Cleary Gottlieb Steen & Hamilton LLP

Related Links:

Summary of UK CMA’s position on mergers involving ‘failing firms’ (April 2020)

UK CMA investigation of Amazon’s investment in Deliveroo (2020)

EU Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings (2004)

U.S. DoJ and FTC horizontal merger guidelines (2010)

Hosted by:

Matthew Hall, Partner, McGuireWoods London LLP and John Roberti, Partner, Allen & Overy LLP


Posted On July 20, 2020

Posted By Our Curious Amalgam

Posted In Antitrust Mergers & Acquisitions PRACTICES

Tagged EU merger control failing firm failing firm defence merger control U.S. merger control UK merger control

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Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

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