Negotiating the Deal -- Risk Shifting and Other Key Antitrust Provisions
12 PM CST
The panel will discuss the range of antitrust risk shifting and efforts provisions typically employed by parties to M&A transactions, including “Hell-or-High-Water”, “Best efforts”, “Reasonable best efforts”, and their variants – as well as cooperation provisions. The panel will also discuss how to assess each provision’s applicability and pros and cons under various scenarios, along with recent court decisions addressing the provisions. Panelists have a range of practice experience and expertise, and will include in-house and outside counsel, and both transactional counsel and antitrust counsel.
Moderator: John Ingrassia, Proskauer
Jeffrey Ayer, Kirkland
Eric Waxman, Ares Capital Management
Rita-Anne O'Neill, Sullivan & Cromwell