Jun

    Black Swans, White Whales and Unicorns: When Can Efficiencies Save a Merger?

    11 AM EDT

    The U.S. Supreme Court has never approved efficiencies as a defense for mergers.  However, the Sixth, D.C., Eighth and Eleventh Circuits, and most recently, the Ninth Circuit, have suggested that efficiencies could save the day for the right merger – albeit most recently cautioning “we remain skeptical about the efficiencies defense in general and about its scope in particular.”  By contrast, Canada’s Supreme Court has just approved a merger to monopoly based on the efficiencies defense, boldly noting that only “marginal efficiency gains are required for the defense to apply”.  Questions remain in both countries and in cross-border cases as to how efficiencies are to be treated in strategic mergers, which is particularly important given the 2014 publication of the Best Practices on Cooperation in Merger Investigations by the U.S. Antitrust Agencies and the Canadian Competition Bureau.

     
    Moderator: 
    John Harkrider, Axinn, Veltrop & Harkrider LLP

    Speakers:
    Brian A. Facey, Blake, Cassels & Graydon LLP
    Deborah L. Feinstein,  Federal Trade Commission

     

    FREE
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    Government, Non-profit Employees,
    Students

    $25 Other Non-Members


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    800-285-2221 to join. Code RAT14IP25.
     
     
    For this and all upcoming events visit http://AmBar.org/ATEvents.
     
    CLE
    The ABA is not seeking CLE credit for this program. 
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    Black Swans, White Whales and Unicorns: When Can Efficiencies Save a Merger?

    Event Details

    Format

    Teleconference

    Date

    Jun 25, 2015

    2015-06-25T11:00:00-04:00 2015-06-25T12:00:00-04:00 Black Swans, White Whales and Unicorns: When Can Efficiencies Save a Merger?

    The U.S. Supreme Court has never approved efficiencies as a defense for mergers.  However, the Sixth, D.C., Eighth and Eleventh Circuits, and most recently, the Ninth Circuit, have suggested that efficiencies could save the day for the right merger – albeit most recently cautioning “we remain skeptical about the efficiencies defense in general and about its scope in particular.”  By contrast, Canada’s Supreme Court has just approved a merger to monopoly based on the efficiencies defense, boldly noting that only “marginal efficiency gains are required for the defense to apply”.  Questions remain in both countries and in cross-border cases as to how efficiencies are to be treated in strategic mergers, which is particularly important given the 2014 publication of the Best Practices on Cooperation in Merger Investigations by the U.S. Antitrust Agencies and the Canadian Competition Bureau.

     
    Moderator: 
    John Harkrider, Axinn, Veltrop & Harkrider LLP

    Speakers:
    Brian A. Facey, Blake, Cassels & Graydon LLP
    Deborah L. Feinstein,  Federal Trade Commission

     

    FREE
    Antitrust Section Members,
    Government, Non-profit Employees,
    Students

    $25 Other Non-Members


    Explore Section benefits or call
    800-285-2221 to join. Code RAT14IP25.
     
     
    For this and all upcoming events visit http://AmBar.org/ATEvents.
     
    CLE
    The ABA is not seeking CLE credit for this program. 
    Audio Archive

    Provided all releases are obtained, MP3 recordings of this program will be available to Section members on the Committee Program Audio page.

    Sponsors

    International

    Mergers and Acquisitions

    Section of Antitrust Law

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