Practice Note, Preliminary Injunctions in FTC and DOJ Merger Challenges. This resource reviews the legal standards and procedures that apply when the FTC or DOJ seeks a preliminary injunction to block a merger, including tips to help counsel prepare for potential litigation and a discussion of recent cases.

Standard Document, Preparing a Witness for Agency Depositions: Model Deposition Outline. This resource provides a model outline of typical questions that DOJ and FTC staff ask at depositions or investigational hearings during merger investigations. Testimony given early in a merger investigation may haunt defendants later in court. Thorough preparation is key.

Practice Note, Engaging an Economist in an Antitrust Matter. This resource examines key issues that counsel should consider when engaging an economist in an antitrust matter, one of the most important decisions to successfully defending a merger.

Practice Note, Antitrust Enforcement of Consummated Mergers. This resource analyzes the antitrust agencies' enforcement actions against consummated mergers, including the type of evidence that the agencies rely on and the timing of investigations.

Practice Note, The Failing Firm Defense. This resource discusses the failing firm and weakened company defenses, including strategies for using these arguments successfully.

Practice Note, Merger Remedies. This resource provides an overview of merger remedies, including how the antitrust agencies and merging parties negotiate them. Successfully negotiating a remedy during the investigation stage can be critical. The Sysco decision shows that a federal court may be reluctant to accept a remedy that the agency has rejected.