Crafting Divestiture Packages in M&A Transactions to Overcome Increased Antitrust Regulatory Scrutiny
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare antitrust counsel and deal attorneys to withstand the Federal Trade Commission (FTC) and Department of Justice's (DOJ) heightened focus on challenging mergers and acquisitions. The panel will offer their perspectives, experiences and practiced strategies for identifying M&A transactions that the FTC or DOJ are most likely to view as harmful to competition is critical. Deal parties will benefit from our panel's strategic approaches to address antitrust concerns, e.g., by divesting certain businesses or assets involved to enable the remainder of the transaction to proceed.
Outline
- Recent FTC and DOJ challenges to mergers
- FTC and DOJ focus when evaluating divestiture packages
- Assets to be included in divestiture packages
- Characteristics of an acceptable buyer
Benefits
The panel will review these and other key issues:
- What aspects of divestiture packages are more frequently challenged by the FTC and DOJ?
- What do federal agencies look for in a suitable up front buyer?
- How are assets that are less than an entire ongoing stand alone business treated?
- What if the to-be divested assets are at risk of deterioration pending divestiture?
Faculty
Allen R. Bachman
Partner
K&L Gates
Mr. Bachman advises clients on all aspects of antitrust law, representing companies in merger clearance proceedings and... | Read More
Mr. Bachman advises clients on all aspects of antitrust law, representing companies in merger clearance proceedings and other investigations conducted by the U.S. DOJ Antitrust Division and FTC, as well as in high-stakes antitrust litigation. He also regularly counsels clients regarding the impact of the antitrust laws on their day-to-day business activities, such as standard setting, compliance programs and audits, sales and marketing practices, and licensing, royalty and settlement agreements.
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Carla A.R. Hine
Partner
McDermott Will & Emery
Ms. Hine focuses her practice on antitrust and consumer protection regulatory matters. She counsels clients on... | Read More
Ms. Hine focuses her practice on antitrust and consumer protection regulatory matters. She counsels clients on M&As, collaborations and compliance with the Hart-Scott-Rodino Act and international merger notification regimes. Ms. Hine defends transactions before U.S. antitrust agencies and international competition authorities and has significant experience in investigations before the FTC and DOJ.
CloseAnthony W. Swisher
Partner
Squire Patton Boggs
Mr. Swisher has extensive experience representing clients before the FTC and the Antitrust Division of the DOJ in... | Read More
Mr. Swisher has extensive experience representing clients before the FTC and the Antitrust Division of the DOJ in connection with government antitrust investigations of mergers, acquisitions and joint ventures. He has represented clients in hundreds of matters and has deep experience in a wide range of industries, from insurance to healthcare to energy.
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