Merger Remedies Guide - Second 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, as noted in the introduction, every remedy contains an element of ‘crystal ball-gazing’; enforcers must look into the future and successfully predict outcomes.
As such, practical guidance for both practitioners and regulators in navigating this challenging environment is critical. This second edition of the Merger Remedies Guide – published by Global Competition Review – provides such 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 around the world, ranging from Brazil to China, supplement the global analysis to inform the reality of multi-jurisdictional deals.
The Guide draws not only on the wisdom and expertise of 46 distinguished practitioners from 18 firms, but also the perspective of current and former enforcers Pablo Trevisán, Daniel Ducore and Diana Moss. It brings together unparalleled proficiency in the field and provides essential guidance for all competition professionals.
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
- Antitrust Remedies in Highly Regulated Industries
Part III: Process and Implementation
- Managing Timing of Multi-Jurisdictional Review
- Identifying a Suitable Divestiture Buyer and Related Issues
- Giving Effect to the Remedy
Part IV: Compliance
- A Practical Perspective on Monitoring
- 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