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No-Remedies Policy Merger Enforcement

Fix It or Forget It: A “No-Remedies” Policy for Merger Enforcement

The inherent limitations of remedies as a method of resolving competitive concerns with mergers have become more evident. The expansive use of remedies in...
Physician Groups Next Enforcement Frontier Healthcare Provider Mergers

Physician Groups – The Next Enforcement Frontier for Healthcare Provider Mergers?

The Federal Trade Commission’s recent announcement that it will be undertaking a retrospective study of physician group consolidations may signal an increased focus on...
First Steps of the New Merger Control Regime in Uruguay

First Steps of the New Merger Control Regime in Uruguay

By Alejandro Alterwain1 A new merger control regime entered into force in Uruguay on April 12, 2020. This article describes its main features and enforcement...
China: Tougher Merger Control Enforcement in the Semiconductor Industry?

China: Tougher Merger Control Enforcement in the Semiconductor Industry?

The COVID-19 pandemic did not slow down M&A in the semiconductor industry. To the contrary, 2020 saw semiconductor M&A deals reaching an all-time high...
Analyzing Nascent Competitor Acquisitions Rationally

Analyzing Nascent Competitor Acquisitions Rationally

By John M. Taladay & Jeffrey S. Oliver1   Many recent articles have posited that dominant companies are squelching competition by buying up nascent companies before...
Shifting the Burden in Acquisitions of Nascent and Potential Competitors: Not so Simple

Shifting the Burden in Acquisitions of Nascent and Potential Competitors: Not...

By Jay Ezrielev (Elevecon)*   I. Introduction There is a heated debate in antitrust today about what lawmakers, courts, and enforcers should do about mergers between potential...
No Obstacle

China Signals VIE No Longer an Obstacle in Merger Filing

By Frank Jiang, Scott Yu & John Jiang (Zhong Lun)1   I. Introduction This July, the Chinese antitrust authority (State Administration for Market Regulation, “SAMR”) unconditionally cleared...
Not All Pre-Emptive Mergers Are Alike: A Classification of Recent Cases

Not All Pre-Emptive Mergers Are Alike: A Classification of Recent Cases

We present a typology of cases involving mergers that could be viewed as eliminating future competition, motivated by recent debates in the antitrust literature...
Requests for Information in Merger Cases: Regulatory Overreach?

Requests for Information in Merger Cases: Regulatory Overreach?

In addition to a long and extensive Form CO, the European Commission collects further information and data via requests for information. Focusing on the...
Market Crash

A Re-awakening of the Failing Firm Defense in the EU in...

By Dr. Assimakis Komninos, Jan Jeram & Iakovos Sarmas (White & Case LLP)1   Introduction – The Broader Challenges of Merger Control The ongoing COVID-19 global crisis...
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