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

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Program Materials

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.

Description

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.

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Outline

  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

Benefits

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?

Faculty

Allen R. Bachman
Allen R. Bachman

Partner
K&L Gates

Mr. Bachman advises clients on all aspects of antitrust law, representing companies in merger clearance proceedings and...  |  Read More

Carla A.R. Hine
Carla A.R. Hine

Partner
McDermott Will & Emery

Ms. Hine focuses her practice on antitrust and consumer protection regulatory matters. She counsels clients on...  |  Read More

Anthony W. Swisher
Anthony W. Swisher

Partner
Squire Patton Boggs

Mr. Swisher has extensive experience representing clients before the FTC and the Antitrust Division of the DOJ in...  |  Read More

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