chevron-down Created with Sketch Beta.


Litigating the Mitigating Factors

Craig Malam, Daniel Patrick Culley, Gwendolyn J. Lindsay Cooley, John Asker, Justine Mina Haimi, and Koren W Wong-Ervin

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.