Topic: Litigating the fix

Featured in Merger Remedies Guide - Fifth Edition

Although it is unsettled whether antitrust agencies must establish that a fixed transaction is likely to lessen competition or if merging parties must prove that a remedy completely replaces lost competition, merging parties should very quickly provide agencies with as much detail as possible with regard to the proposed remedy’s scope.

25 October 2023

Featured in Americas Antitrust Review 2024

An executive order has directed national agencies to re-evaluate their merger guidelines and take a hard look at whether they are overly permissive, which looks set to increase scrutiny on current mergers.

25 August 2023

The Department of Justice has reached a settlement with Assa Abloy requiring the company to divest more assets to Fortune Brands as part of its $4.3 billion acquisition of Spectrum Brands, in the agency's first public merger settlement since Jonathan Kanter took over the Antitrust Division.

09 May 2023

A Fortune Brands executive has testified that the company has what it needs to successfully operate the assets it plans to acquire from Assa Abloy as part of the latter’s merger with Spectrum Brands.

28 April 2023

The purchaser of assets that Assa Abloy plans to divest in the hope of acquiring Spectrum Brands’ hardware division will need to overcome significant obstacles to succeed, a former company executive has testified.

26 April 2023

A Federal Trade Commission official has argued that federal judges should consider a potentially illegal merger’s effects on competition separately from a divestiture that will supposedly solve the problem.

30 March 2023