Defensive strategies suggested: antitrust law
Article Abstract:
Defense lawyers in an antitrust merger case need to show the court why the statistics marshaled by the government are inconclusive. Two strategies for showing why a merger would benefit competition are the 'sophisticated purchasers defense' and the 'strong no. 2 gambit.' Lawyers using the former try to show that customers in the proposed merger's industry are financially healthy, big buyers and are not afraid that the merger will lessen competition. The latter defense shows that two competitors of about the same size will be just as good for the market as a number of smaller ones.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Industrial trade associations, under heightened FTC and DOJ scrutiny of late, cannot discount the fact that their activities raise a litany of antitrust concerns
Article Abstract:
Trade associations are coming under increased scrutiny from the Federal Trade Commission and the Dept of Justice, and should institute compliance programs to avoid actions that might trigger antitrust charges. Setting standards, membership criteria, and limits on advertising are all legitimate trade association elements that can, in some circumstances, become an unwarranted restriction on trade. Group boycotts and disseminating normally protected information are also likely to generate an investigation or consent decree.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Proposals would widen E.C. antitrust jurisdiction
Article Abstract:
The European Commission hopes to extend its authority to review mergers for antitrust concerns in the wake of a recent Green Paper, though it is not likely to realize its most ambitious plans. A scheme to lower the turnover level requiring EC approval faces strong resistance, though some companies favor it, while one to give the EC jurisdiction where several member states would otherwise be involved, has more support. The approval process for joint ventures, both concentrative and cooperative, is discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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