Analysis Group Managing Principal Dov Rothman to Discuss the Effect of the Pandemic on the Failing Firm Defense
Event:Failing Firm Defense: A U.S. Point of View
Date: June 11, 2020
Times: 9:00–10:30 a.m. (PT) / 12:00–1:30 p.m. (ET)
According to the US Department of Justice’s Horizontal Merger Guidelines, a merger can be shielded from antitrust scrutiny when the “failing firm defense” – the idea that at least one of the companies involved in the deal cannot otherwise meet its financial obligations, and its assets would exit the market – is successfully invoked. Analysis Group Managing Principal Dov Rothman will discuss this topic as part of the Concurrences Initiative webinar series. Additional panelists include Melissa Hill, deputy assistant director of the Federal Trade Commission, and Katharine O’Connor, partner in the Antitrust practice at McDermott Will & Emery. Analysis Group is a co-sponsor of this webinar series.