Crafting Divestiture Packages in M&A Transactions to Overcome Increased Antitrust Regulatory Scrutiny

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, November 16, 2016
Recorded event now available

This CLE webinar will prepare antitrust counsel and deal attorneys to withstand the Federal Trade Commission (FTC) and Department of Justice's (DOJ) heightened focus on challenging mergers and acquisitions. The panel will offer their perspectives, experiences and practiced strategies for identifying M&A transactions that the FTC or DOJ are most likely to view as harmful to competition is critical. Deal parties will benefit from our panel's strategic approaches to address antitrust concerns, e.g., by divesting certain businesses or assets involved to enable the remainder of the transaction to proceed.


From the outset, counsel must structure divestiture packages to anticipate and survive FTC and DOJ scrutiny--or unnecessarily risk rejection and blowing the deal apart.

Listen as our authoritative panel addresses recent divestiture trends by the FTC and DOJ, and provides strategies for preparing divestiture packages that will gain agency approval.


  1. Recent FTC and DOJ challenges to mergers
  2. FTC and DOJ focus when evaluating divestiture packages
  3. Assets to be included in divestiture packages
  4. Characteristics of an acceptable buyer


The panel will review these and other key issues:

  • What aspects of divestiture packages are more frequently challenged by the FTC and DOJ?
  • What do federal agencies look for in a suitable up front buyer?
  • How are assets that are less than an entire ongoing stand alone business treated?
  • What if the to-be divested assets are at risk of deterioration pending divestiture?


Allen R. Bachman, Partner
K&L Gates, Washington, D.C.

Mr. Bachman advises clients on all aspects of antitrust law, representing companies in merger clearance proceedings and other investigations conducted by the U.S. DOJ Antitrust Division and FTC, as well as in high-stakes antitrust litigation. He also regularly counsels clients regarding the impact of the antitrust laws on their day-to-day business activities, such as standard setting, compliance programs and audits, sales and marketing practices, and licensing, royalty and settlement agreements.

Carla A.R. Hine, Partner
McDermott Will & Emery, Washington, D.C.

Ms. Hine focuses her practice on antitrust and consumer protection regulatory matters. She counsels clients on M&As, collaborations and compliance with the Hart-Scott-Rodino Act and international merger notification regimes. Ms. Hine defends transactions before U.S. antitrust agencies and international competition authorities and has significant experience in investigations before the FTC and DOJ.

Anthony W. Swisher, Partner
Squire Patton Boggs, Washington, D.C.

Mr. Swisher has extensive experience representing clients before the FTC and the Antitrust Division of the DOJ in connection with government antitrust investigations of mergers, acquisitions and joint ventures. He has represented clients in hundreds of matters and has deep experience in a wide range of industries, from insurance to healthcare to energy.


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Antitrust Law Advisory Board

Clifford H. Aronson


Skadden Arps Slate Meagher & Flom

W. Joseph Bruckner


Lockridge Grindal Nauen

Gregory J. Casas


Greenberg Traurig

David B. Goroff


Foley & Lardner

Allen P. Grunes

Co-Founder and Attorney

The Konkurrenz Group

Robert N. Kaplan


Kaplan Fox & Kilsheimer

Christopher J. Kelly


Mayer Brown

James J. Long


Briggs and Morgan

Milton Marquis


Cozen O'Connor

Janet L. McDavid


Hogan Lovells

Kevin D. McDonald


Jones Day

Daniel F. McInnis


Thompson Hine

Saul P. Morgenstern


Kaye Scholer

Douglas Rosenthal


Constantine | Cannon

M. Sean Royall


Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.


Berman DeValerio

Douglas M. Tween



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