Getting Difficult Deals Done

This session presented by Dechert LLP antitrust partners Paul Denis, Mike Cowie, and Michael Weiner focuses on ways in which inside and outside counsel can best work with the company’s business leaders, the company’s documents and data, and government staff to overcome obstacles to difficult deals. The Federal Trade Commission and U.S. Department of Justice have developed an analytical framework to review mergers and acquisitions. This session focuses on the most contested areas of government - merger review, including the role of documents and data in analysis of efficiencies, market definition, and competitive effects.  

Learning objectives:

I. Understand deal rationale and efficiencies –Explaining the benefits of the deal in positive terms, and the role of efficiencies in challenging strategic deals

II. Recognize market definition – The role of market definition and market shares in merger analysis

III. Identify commercial realities and competitive effects –The growing importance of competitive effects analysis – looking beyond market shares