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12Oct

The Failing Firm Defense Is an Absolute Defense to an Otherwise Anticompetitive Merger

The fact that a merger might be anticompetitive is not a reason to prohibit a transaction if all of the elements of the “failing firm defense” are met, as described below.  In fact, the antitrust agencies have long recognized that the failing firm...
By: Epstein Becker & Green
Source Url: https://www.jdsupra.com/legalnews/the-failing-firm-defense-is-an-absolute-31824/

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