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#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed

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Manage episode 437579541 series 3001999
Content provided by Paula Bellenoit and American Bar Association. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Paula Bellenoit and American Bar Association or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

The failing firm defense can be viewed skeptically when put forward by merging parties. But when can it be used successfully to save a deal that may otherwise be found to be anticompetitive? Chris Wilson, partner in the antitrust group of Paul Weiss, joins Jaclyn Phillips and Anora Wang to discuss the current state of the failing firm defense. Listen to this episode if you want to learn more about recent cases and what facts may make a failing firm defense thrive.

With special guest:

Christopher M. Wilson, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Related Links:

Hospitals Defeat FTC Merger Injunction Request With a Version of the “Failing Firm” Defense

Hosted by:

Jaclyn Phillips, White & Case LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

  continue reading

296 episodes

Artwork
iconShare
 
Manage episode 437579541 series 3001999
Content provided by Paula Bellenoit and American Bar Association. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Paula Bellenoit and American Bar Association or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

The failing firm defense can be viewed skeptically when put forward by merging parties. But when can it be used successfully to save a deal that may otherwise be found to be anticompetitive? Chris Wilson, partner in the antitrust group of Paul Weiss, joins Jaclyn Phillips and Anora Wang to discuss the current state of the failing firm defense. Listen to this episode if you want to learn more about recent cases and what facts may make a failing firm defense thrive.

With special guest:

Christopher M. Wilson, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Related Links:

Hospitals Defeat FTC Merger Injunction Request With a Version of the “Failing Firm” Defense

Hosted by:

Jaclyn Phillips, White & Case LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

  continue reading

296 episodes

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