Merger Remedies Guide - Fourth Edition

Successfully remedying the potential anticompetitive effects of a merger can be more of an art than a science. Not only is every deal specifi c but, as noted in the introduction, every remedy contains an element of ‘crystal ball-gazing’; enforcers must look to the future and successfully predict outcomes.

As such, practical guidance for both practitioners and regulators in navigating this challenging environment is critical. This fourth edition of the Merger Remedies Guide provides that detailed guidance and analysis. It examines remedies throughout their life cycle: from the fundamental principles, to the remedies available, through how remedies are structured and implemented, to how enforcers ensure compliance. Insights from four jurisdictions around the world supplement the global analysis to inform the reality of multi-jurisdictional deals.

The Guide draws not only on the wisdom and expertise of 41 distinguished practitioners from 15 fi rms, but also the perspective of former enforcers Daniel Ducore and Diana Moss. It brings together unparalleled profi ciency in the fi eld and provides essential guidance for all competition professionals.

Chapters:

Overview

Part I: Overarching Principles and Considerations

• Key Principles of Merger Remedies
• Economic Analysis of Merger Remedies
• Realigning Merger Remedies with the Goals of Antitrust

Part II: Types of Remedies

• Structural Remedies
• Non-Structural Remedies
• Dynamic Industries and Merger Remedies

Part III: Process and Implementation

• Remedies in the Context of Multi-Jurisdictional Mergers
• Identifying a Suitable Divestiture Buyer and Related Issues
• Giving Effect to the Remedy

Part IV: Compliance

• Enforcement of Merger Consent Decrees

Part V: Remedy Negotiations: Practical Considerations

• Negotiating Remedies: A Perspective from the Agencies
• Negotiating the Remedy: A Practitioner’s Perspective

Part VI: Merger Remedies Insights from around the Globe

• Australia
  
• China
• India
• Japan