Market Definition in Merger Review: Recent Developments

Best Practices to Address Market Definition and Respond to and Avoid Antitrust Violations

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


Conducted on Thursday, March 8, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to antitrust counsel on the role of market definition in merger review as well as agency and court treatment. The panel will offer best practices for addressing market definition in merger review and suits.

Description

Historically market definition has been critical to merger analysis. When the merger guidelines were revised in 2010, they de-emphasized the importance of market definition in merger review and court action. Under the revised guidelines, the “agencies’ analysis need not start with market definition.”

However, recent court treatment, as well as agency treatment, paints a different picture. In the recently decided H&R Block merger, both DOJ and the merging parties focused heavily on market definition, and the federal district court concluded that “[m]erger analysis begins with defining the relevant product market.”

The dichotomy between the 2010 Merger Guidelines stating that agency analysis does not need to begin with market definition and court cases saying that market definition is exactly where merger analysis should begin creates a real conundrum for both the parties that are merging and for the reviewing agency.

Listen as our authoritative panel of antitrust counsel examines market definition and its role in merger review, how the agencies and courts are treating market definition, and offers best practices for addressing market definition in merger review and court actions.

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Outline

  1. Market definition and its role in merger review
    1. 2010 guidelines
  2. Agency and court treatment
    1. FTC. v. Lundbeck Inc. (8th Cir. 2011)
    2. City of New York v. Group Health Inc. (2d Cir. 2011)
    3. FTC treatment
    4. DOJ treatment
  3. Best practices in merger review and litigation

Benefits

The panel will review these and other key questions:

  • What is the impact of the revised merger guidelines on market definition?
  • How have the agencies and courts addressed market definition since the 2010 merger guidelines?
  • What best practices should counsel employ to address market definition in the merger review process?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Corey W. Roush
Corey W. Roush

Partner
Hogan Lovells

He focuses on antitrust and consumer protection litigation, white collar criminal defense, corporate governance and...  |  Read More

Logan M. Breed
Logan M. Breed

Partner
Hogan Lovells

He concentrates his practice on antitrust clearance of mergers and acquisitions, antitrust litigation, and non-merger...  |  Read More

James J. Tierney
James J. Tierney
Chief, Networks and Technology Enforcement Section
U.S. Department of Justice, Antitrust Division

Mr. Tierney heads the Section that is responsible for enforcement of the Federal antitrust laws governing mergers and...  |  Read More

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