Expanded Merger Review Under the Biden FTC: Implications for Horizontal and Vertical M&A
Application of New Theories Regarding Market Competition and Consumer Harm
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will examine changes to antitrust enforcement under the Biden administration, recent enhancements to the Federal Trade Commission's (FTC) merger review process, and how they will impact proposed M&A deals in the future. The panel will discuss how merger parties and their counsel should address potential antitrust issues associated with a proposed merger to get to a successful closing.
Outline
- New FTC leadership and the resulting change in antitrust analysis and enforcement priorities
- Expansion of the merger process: new requirements associated with second requests
- Addressing merger review in merger documents
- Best practices for responding to FTC inquiries
- Proposed legislation
Benefits
The panel will review these and other issues:
- How have the Biden executive order promoting competition and recent changes in FTC leadership affected antitrust enforcement thus far?
- What are the "additional facets of market competition" (besides the effect on consumers and prices) that the FTC intends to examine in the merger review process?
- What steps can deal counsel take to address potential antitrust concerns upfront and reduce the time and expense of responding to second requests once the deal is underway?
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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Lauren N. Donahue
Partner
K&L Gates
Ms. Donahue practices in the firm’s antitrust, competition and trade regulation and investigations, enforcement... | Read More
Ms. Donahue practices in the firm’s antitrust, competition and trade regulation and investigations, enforcement and white collar practice groups. She focuses her practice on domestic and international internal investigations, corporate criminal defense, complex commercial litigation, and antitrust counseling. Ms. Donahue has extensive experience representing clients in international and domestic cartel and fraud investigations and related class actions. Her cases involve a wide range of issues, including price-fixing, market allocation, bid-rigging, no-poach agreements, monopolization, fraud, unfair competition and other restraints of trade. Ms. Donahue has conducted numerous domestic and global internal investigations for major corporations across a variety of industries. She regularly defends corporations and individuals who are subjects of federal and state grand jury subpoenas, cross-border investigations and enforcement proceedings.
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Andrew (Drew) Mann
Counsel
K&L Gates
Mr. Mann is counsel at the firm’s Washington, D.C. office. He is a member of the Antitrust, Competition, and... | Read More
Mr. Mann is counsel at the firm’s Washington, D.C. office. He is a member of the Antitrust, Competition, and Trade Regulation practice group. Mr. Mann is a former FTC attorney.
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