Killer Deals?: Enforcement Trends in the Acquisition of Nascent Competitors

Antitrust authorities on both sides of the Atlantic are increasingly concerned about established companies acquiring nascent or potential competitors-so-called "killer deals." Multiple transactions have successfully been challenged under nascent competition theories since 2019. In December 2020, the U.S. Federal Trade Commission sued Facebook to unwind its 2012 acquisition of Instagram and its 2014 acquisition of WhatsApp.

This course, presented by Kail Jethmalani of Axinn, Veltrop & Harkrider LLP, is designed to update generalists, antitrust practitioners, and inside counsel alike on the key enforcement trends-in the U.S. and in Europe-affecting acquisitions of nascent or potential competitors. To accomplish this, the program provides a high-level overview of the relevant law in the U.S. and Europe and the history of nascent competition theories, reviews recent completed and pending enforcement actions, and looks ahead to how nascent competition theories could affect future transactions.

1. Examine the evolution of U.S. and European antitrust law with respect to acquisitions of nascent competitors
2. Discuss how antitrust authorities analyze acquisitions of nascent competitors
3. Predict how the current regulatory environment could affect future transactions