Merger Remedies Guide - Fifth Edition

Successfully remedying the potential anticompetitive effects of a merger can be more of an art than a science. Not only is every deal specific but 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 fifth edition of the Merger Remedies Guide provides just such analysis. It examines remedies throughout their life cycle: 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 distinguished practitioners from a range of jurisdictions, but also the perspective of former enforcers. It brings together unparalleled proficiency in the field and provides essential guidance for all competition professionals.

Chapters:

Overview

Part I: Overarching Principles and Considerations

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

Part II: Types of Remedies

• Non-Structural Remedies and Their Key Strengthss
• Merger Remedies in Dynamic Industries

Part III: Process and Implementation

• Remedies in the Context of Multi-Jurisdictional Mergers
• Why Identifying a Suitable Divestiture Buyer is Key to
  Deal Planning
• Parties are More Willing Than Ever to ‘Litigate the Fix’ in
  the United States
• Designing Effective Remedies in the United States and
  European Union

Part IV: Compliance

• A Practical Perspective on Monitoring Divestiture
  Commitments in Multi-Jurisdictional Transactions
• DOJ and FTC Push Merger Consent Decree Enforcement
  to Top of the Agenda

Part V: Remedy Negotiations: Practical Considerations

• Negotiating Remedies: A Perspective from Various Agencies
• A Practitioner’s Perspective on Negotiating Remedies

Part VI: Merger Remedies Insights from around the Globe

• Australia
  
• China
• India
• Japan