New DOJ Merger Remedies: Expanded Antitrust Enforcement Tools

Navigating Revised Guidance to Mitigate Anti-competitive Impact With Conduct and Structural Remedies

DOJ General Counsel J. Robert Kramer joins panel

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

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Conducted on Tuesday, July 19, 2011

Recorded event now available

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Course Materials

This CLE course will provide guidance for counsel to companies contemplating or involved in mergers or acquisitions on the DOJ new merger remedies guide. The panel will offer best practices for evaluating, applying and implementing remedies that may allow a vertical or horizontal transaction to go forward.

Description

On June 17, 2011, the DOJ issued its new merger remedies guide. This guide reveals significant changes in the type of remedies and the transactions to which they apply. The guide also addresses the new Office of the General Counsel, which is responsible for evaluation and oversight of the remedies.

The most significant change reflected in the new guide is that the DOJ will now consider conduct remedies, in addition to structural remedies, as an effective method for dealing with competition concerns raised by horizontal as well as vertical mergers.

Merger and acquisition activity is expected to continue its resurgence, so counsel must understand the conditions under which the DOJ may permit a transaction with anticompetitive elements to go forward.

Listen as our authoritative panel of antitrust attorneys examines the DOJ new merger remedies guide, including the key changes. The panel will offer practical guidance to evaluate, apply and implement remedies that may allow a vertical or horizontal transaction to go forward.

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Outline

  1. Key changes to the merger remedies guide
    1. Horizontal and vertical transactions
    2. Conduct remedies
    3. Structural remedies
    4. Office of the General Counsel
  2. Choosing a remedy
  3. Implementing/applying effective remedies
    1. Timing
    2. Divestitures
    3. Compliance
    4. Monitoring/reporting
  4. Best practices for evaluating what types of remedies might allow a transaction to go forward

Benefits

The panel will review these and other key questions:

  • How have the merger remedies guidelines shifted the focus to conduct remedies?
  • How have the merger remedies guidelines changed as they apply to divestitures?
  • How will mergers in regulated industries impact the type of remedies?

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

Faculty

J. Robert Kramer, II
J. Robert Kramer, II
General Counsel
Office of the General Counsel, U.S. Department of Justice
Joseph G. Krauss
Joseph G. Krauss
Partner
Hogan Lovells

His practice is focused on antitrust and economic regulation, with a particular emphasis on merger and acquisition...  |  Read More

Michael H. Knight
Michael H. Knight
Partner
Jones Day

He advises clients on all aspects of competition law, including mergers, joint ventures, competitor collaborations,...  |  Read More

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