AAI President Diana Moss penned a chapter in Global Competition Review’s Fourth Edition of their Merger Remedies Guide. Moss’s chapter, Realigning Merger Remedies with the Goals of Antitrust, identifies several themes around merger remedies. One is the alignment of remedies policy with the mission and workings of antitrust as a mechanism of law enforcement, namely through effective remedies that deter future anticompetitive conduct. A second theme is the continuing shift in agency policy on structural and conduct remedies, as revealed by changing guidance, the implications of agency self-studies, a growing body of merger retrospectives and even agency enforcement actions involving past, failed remedies. A third theme emerges in the lessons from cases in which the agencies moved to enjoin a merger because a more effective remedy could not be found. Read the chapter.
About the Guide:
Successfully remedying the potential anticompetitive effects of a merger can be more of an art than a science. Not only is every deal specific but, as noted in the introduction, every remedy contains an element of ‘crystal ball-gazing’; enforcers must look to the future and successfully predict outcomes.
As such, practical guidance for both practitioners and regulators in navigating this challenging environment is critical. This fourth edition of the Merger Remedies Guide provides that detailed guidance and analysis. It examines remedies throughout their life cycle: from the fundamental principles, to the remedies available, through how remedies are structured and implemented, to how enforcers ensure compliance. Insights from four jurisdictions around the world supplement the global analysis to inform the reality of multi-jurisdictional deals.
The Guide draws not only on the wisdom and expertise of 41 distinguished practitioners from 15 firms, but also the perspective of former enforcers Daniel Ducore and Diana Moss. It brings together unparalleled proficiency in the field and provides essential guidance for all competition professionals.