Merger Remedies | Practical Law

Merger Remedies | Practical Law

A Practice Note providing an overview of the types of remedies the federal antitrust agencies use to preserve competition post-merger. This Note discusses the agencies' use of structural remedies such as divestitures, licenses and asset swaps, and behavioral remedies, such as non-discrimination and fair dealing provisions, mandatory licensing provisions, and anti-retaliation provisions. This Note discusses how the agencies and merging parties negotiate remedies, best practices, and the review process at each agency.

Merger Remedies

Practical Law Practice Note 6-521-6515 (Approx. 33 pages)

Merger Remedies

by Practical Law Antitrust
MaintainedUSA (National/Federal)
A Practice Note providing an overview of the types of remedies the federal antitrust agencies use to preserve competition post-merger. This Note discusses the agencies' use of structural remedies such as divestitures, licenses and asset swaps, and behavioral remedies, such as non-discrimination and fair dealing provisions, mandatory licensing provisions, and anti-retaliation provisions. This Note discusses how the agencies and merging parties negotiate remedies, best practices, and the review process at each agency.