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Mergers & Acquisitions,
Corporate,
Antitrust & Trade Reg.

Jun. 24, 2020

A range of outcomes on merger challenges

Recent developments and strategic implications.

Arthur J. Burke

Partner
Davis, Polk & Wardwell LLP

Email: arthur.burke@davispolk.com

Jesse Solomon

Partner
Davis, Polk & Wardwell LLP

Email: jesse.solomon@davispolk.com

Micah G. Block

Partner
Davis, Polk & Wardwell LLP

Email: micah.block@davispolk.com

Stanford Univ Law School; Stanford CA

Janet Jones-Duffey

Associate
Davis, Polk & Wardwell LLP

Email: janet.jones-duffey@davispolk.com

Keith Dore

Associate
Davis, Polk & Wardwell LLP

Email: keith.dore@davispolk.com

THIS COLUMN APPEARED IN THE 2020 TOP ANTITRUST LAWYERS SUPPLEMENT

In the United States, enforcement agencies generally lack authority to block mergers on competition grounds unilaterally. Instead, they typically must sue to enjoin a deal (in contrast to, e.g., China, where the agency itself may block a transaction on its own). Since the 1980s, the government has steadily won merger challenges that proceeded to trial. For example, during the eight-year Obama admi...

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