Moss Presents on Rethinking Merger Enforcement Panel at GCR Live

AAI President Diana Moss is presenting on the panel Mergers: Rethinking Merger Enforcement at GCR Live: Law Leaders Global on January 28.

The session was moderated by Michael Knight from Jones Day’s Washington DC office. Panelist included:

• José Azar, Associate Professor, University of Navarra, Pamplona
• Andrew Finch, Partner, Paul, Weiss, Rifkind, Wharton & Garrison, New York
• Andrea Gomes da Silva, Special Adviser, PLMJ, Lisbon
• Mark Nelson, Executive Vice President and General Counsel, T-Mobile

Panel description:
Governments and enforcers around the world appear to be reconsidering their approach to the review of mergers, including considering specific legal standards for different types of mergers –mergers involving larger companies, mergers in the technology industry, pharmaceutical mergers, etc. At the same time, there is increasing skepticism about the power of divestitures to fully remedy competitive harms from a variety of transactions. Is it time to rethink merger review more generally? Should there be specific rules and/or presumptions for specific industries? Have we “gotten it wrong” too often in the past such that reform is now necessary? And, what exactly has been the harm suffered by consumers from increased consolidation in specific industries such as technology? This panel will undertake its own assessment of merger enforcement, including whether there is a need for change in approach, whether any “special rules” should apply to specific industries, what factors should be considered in merger analysis and whether changes are needed to the horizontal merger guidelines currently in place in key jurisdictions.