Overhauled Horizontal Merger Guidelines: Operating Within the New Antitrust Framework
Preparing for Heightened FTC and DOJ Review and Data Requirements
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, October 14, 2010
Recorded event now available
This CLE webinar will explain the practical impact of the newly revised horizontal merger guidelines for companies. The panel will outline key changes and offer tips for companies and counsel for navigating the new antitrust enforcement environment.
Description
On Aug. 19, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission issued much-anticipated revised horizontal merger guidelines. The guidelines outline how the agencies evaluate the likely competitive impact of mergers and whether the mergers comply with antitrust law.
The new guidelines adopt a more subjective, flexible approach to each transaction. They make significant changes to several elements of the merger process, including market definition, market shares and concentration thresholds—and place increased emphasis on economic evidence.
The guidelines are often cited by the courts and have been used to reject agency challenges to mergers. As the revisions bring the guidelines in line with the practices of the agencies, it is important for companies and counsel to understand the changes and how they will impact merger analysis.
Listen as our authoritative panel of antitrust attorneys examines the key changes to the horizontal merger guidelines, discusses the implications of these revisions, and offers strategies for navigating in the new antitrust enforcement landscape.
Outline
- Key changes
- Market definition
- Concentration thresholds
- Types and sources of evidence
- Unilateral effects
- Coordinated effects
- Price discrimination
- Entry conditions
- Margin assumptions
- Efficiences
- Partial acquisitions
- Monopsony
- Consummated mergers
- Implications of the changes
- On merger analysis
- On merger litigation
- Strategies for navigating in the new antitrust enforcement environment
Benefits
The panel will review these and other key questions:
- How have the revised merger guidelines shifted the focus from coordinated effect to unilateral effect?
- How does the reduced focus on predicted price increases impact merger analysis?
- What changes do the guidelines make to the HHI market concentration screen?
Faculty
Anthony W. Swisher,
Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.
He counsels clients on a wide range of antitrust issues, including proposed merger transactions, distribution, pricing practices, and joint ventures. He is experienced in all phases of government antitrust merger investigations, from analysis of Hart-Scott-Rodino pre-merger filing issues to advocacy before enforcement agencies during the investigatory process, to negotiation of consent decrees.
Gregory Vistnes,
Vice President
Charles River Associates, Washington, D.C.
He specializes in the economic analysis of antitrust and competition issues. He has analyzed competition in a broad array of industries, including healthcare, pharmaceuticals, and financial services. Prior to joining CRA, he served as the deputy director for antitrust in the FTC’s Bureau of Economics where he was responsible for the economic analysis of all antitrust matters before the Commission.
Michael H. Byowitz,
Partner
Wachtell Lipton Rosen & Katz, New York
He focuses his practice on antitrust law and policy, and principally advising multinational corporations on major domestic and international mergers, acquisitions, joint ventures and corporate takeovers. He represents clients at the Department of Justice, the Federal Trade Commission, and State Attorneys General in the United States and consults on investigations by foreign antitrust authorities.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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Available three business days after the live event
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plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
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plus $9.45 S&H
Available ten business days after the live event
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CLE Credit
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Customer Reviews
Content was superb.
Patrick Webb
Webb & Carey
One of the best CLEs outside my firm that I have attended in a long time. The materials and the dual perspectives were great and the comments on one another's presentations were very instructive.
Lisa Taylor Hudson
Sands Anderson Marks & Miller
The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.
Chris Kelly
Mayer Brown
I liked the combined depth of information and speed of presentation. Well done!
Andre Dalbec
SAANYS
I received complicated information in an uncomplicated, concise and understandable manner.
Alice Mercado
Lemons, Grundy & Eisenberg
Antitrust Law Advisory Board
Partner
Skadden Arps Slate Meagher & Flom
Partner
Fenwick & West
Shareholder
Greenberg Traurig
Partner
Foley & Lardner
Partner
Mayer Brown
Shareholder
Briggs and Morgan
Partner
Hogan Lovells
Partner
Jones Day
Partner
Akin Gump Strauss Hauer & Feld
Partner
Kaye Scholer
Partner
Gibson Dunn & Crutcher
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