Ken Heyer, Sheldon Kimmel, Nov 01, 2009
In recessions, we expect to see an increase in both the number and share of mergers where at least one of the parties is having difficulty independently staying afloat. This raises the importance of adopting a sound framework for analyzing merging firms in some form of financial distress. This paper concludes that, while it can be hard to evaluate a failing firm defense under the Merger Guidelines, the principles underlying the test are generally sound, even when the overall economy is going through very difficult times. The recent severe downturn may lead to more proposed mergers between financially distressed firms, but it does not imply that looser standards ought to be applied when evaluating them
Links to Full Content
Featured News
Electrolux Fined €44.5 Million in French Antitrust Case
Dec 19, 2024 by
CPI
Indian Antitrust Body Raids Alcohol Giants Amid Price Collusion Probe
Dec 19, 2024 by
CPI
Attorneys Seek $525 Million in Fees in NCAA Settlement Case
Dec 19, 2024 by
CPI
Italy’s Competition Watchdog Ends Investigation into Booking.com
Dec 19, 2024 by
CPI
Minnesota Judge Approves $2.4 Million Hormel Settlement in Antitrust Case
Dec 19, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – CRESSE Insights
Dec 19, 2024 by
CPI
Effective Interoperability in Mobile Ecosystems: EU Competition Law Versus Regulation
Dec 19, 2024 by
Giuseppe Colangelo
The Use of Empirical Evidence in Antitrust: Trends, Challenges, and a Path Forward
Dec 19, 2024 by
Eliana Garces
Some Empirical Evidence on the Role of Presumptions and Evidentiary Standards on Antitrust (Under)Enforcement: Is the EC’s New Communication on Art.102 in the Right Direction?
Dec 19, 2024 by
Yannis Katsoulacos
The EC’s Draft Guidelines on the Application of Article 102 TFEU: An Economic Perspective
Dec 19, 2024 by
Benoit Durand