Failing Firm Defense
American Bar Association Young Lawyers Division The 101 Practice Series: Breaking Down the Basics © 2010 American Bar Association. All Rights Reserved. The Failing Firm Defense By Lauren N. Norris Section 7 of the Clayton Act prohibits mergers and acquisitions where the effect of such acquisition “may be substantially to lessen competition, or to tend to create a monopoly.” 15 U.S.C. § 18 (“Section 7”). Generally, the United States antitrust enforcement agencies will seek...