Litigating the Fix Post-Aetna
11 AM EDT
Merging parties routinely offer up proposed divestitures to resolve agencies' competitive concerns with their transactions. A string of recent litigated mergers, including Aetna/Humana, Halliburton/Baker Hughes, Sysco/US Foods and Staples/Office Depot required judges to evaluate and analyze the remedies rejected by the agencies. What are the standards by which courts are judging parties' proposed fixes? How does a proposed divestiture affect the agencies' willingness to block the merger? How can merging parties put themselves in the best posture to successfully litigate their fix?
King and Spaulding
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