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Recent Trends in Antitrust M&A Enforcement

(169 reviews)

Produced on January 30, 2020

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Course Information

Time 60 minutes
Difficulty Intermediate
Categories Antitrust

Course Description

Antitrust continues to be top-of-mind for businesses considering mergers and acquisitions. In 2019, the U.S. Antitrust Agencies remained extremely active in investigating - and challenging - transactions, with enforcement activity up significantly over 2018. Join Kail Jethmalani of Axinn, Veltrop & Harkrider LLP as he explains notable recent enforcement actions, including the FTC’s successful litigation to unwind a consummated transaction, DOJ’s prosecution of a transaction structured to avoid the HSR Act and an unprecedented Tunney Act evidentiary hearing, and the key takeaways from each. In the process, you will gain a deeper understanding of the nuts and bolts of antitrust review so you can best counsel and advise your clients through the process.



Learning Objectives:

  1. Examine U.S. antitrust law and its application to M&A
  2. Compare how enforcement of post-consummation transactions differs from unconsummated transactions
  3. Discuss the implications of HSR avoidance
  4. Counsel clients on how Tunney Act proceedings can affect transactions 

Credit Information

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Faculty

Kail Jethmalani

Axinn, Veltrop & Harkrider LLP

Kail Jethmalani represents clients in all areas of antitrust law, including high-stakes litigation, M&A, investigations, and counseling. He has experience with both domestic and cross-border M&A transactions, representing clients before the U.S. Department of Justice, Federal Trade Commission, and competition regulators in Europe, China, Korea, Japan, India, and other jurisdictions. Kail represents clients in multi-district litigations around the country, as well as in sensitive government and internal investigations. Kail also counsels clients on antitrust issues relating to their core business practices.

Additionally, Kail maintains an active pro bono practice. In 2018, he led a team that secured asylum for a pro bono client fleeing political persecution. In 2017 and 2018, the New York State Bar Association recognized Kail’s pro bono contributions through the Empire State Counsel program.

Prior to Axinn, Kail interned at the civil division of the U.S. Attorney's Office for the Eastern District of New York. At the University of Michigan Law School, Kail served as the Executive Production Editor on the Michigan Business and Entrepreneurial Law Review and as a research assistant to Professor Daniel Crane. Kail was a student attorney in Michigan’s International Transactions Clinic, where he assisted not-for-profit entities with foreign investments and anti-money laundering, OFAC and other regulatory compliance. Kail was also a research editor for three American Bar Association Section of Antitrust Law publications: Antitrust Law JournalAntitrust Magazine and The Antitrust Source.



Reviews

TM
Tiphani M.

Very informative!

AB
Anastasia B.

The presenter was fantastic. This is one of the most well-done CLEs I have taken in a very long time. Highly recommend.

RW
Rhonda G. W.

Superb content and presentation -- Thank you!

JN
Joy N.

Great presentation.

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