Efficiencies and mitigating factors have never claimed the spotlight in merger review, and recent trends suggest further de-emphasis. Panelists will discuss when and why a one-sided approach makes sense for enforcers, and how Parties can successfully convince courts to credit mitigating factors like efficiencies and structural/behavioral remedies, and treat EDM on par with other efficiencies.
The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for participating.