Overhauled Horizontal Merger Guidelines: Operating Within the New Antitrust Framework
Preparing for Heightened FTC and DOJ Review and Data Requirements
First revisions in two decades issued Aug. 19
Recording of a 90-minute CLE webinar with Q&A
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.
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
He counsels clients on a wide range of antitrust issues, including proposed merger transactions, distribution, pricing... | Read More
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.
CloseGregory Vistnes
Vice President
Charles River Associates
He specializes in the economic analysis of antitrust and competition issues. He has analyzed competition in a broad... | Read More
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.
CloseMichael H. Byowitz
Partner
Wachtell Lipton Rosen & Katz
He focuses his practice on antitrust law and policy, and principally advising multinational corporations on major... | Read More
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.
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