Rising income inequality, the concentration of economic power, and the rise of digital giants to become the most powerful companies in the world have increased the attention of politicians to antitrust policy and enforcement. Against this background, there have been increasing calls among politicians, antitrust enforcers, economists and others for increased antitrust enforcement and regulation, most notably for Big Tech firms which have grown substantially and play an ever bigger role in our lives, but many fail to appreciate that progressive merger enforcement goes far beyond Big Tech, potentially implicating mergers of all sizes in all industries.
Populist merger enforcement initiatives in the US, EU, and elsewhere poses a number of serious challenges and risks for businesses around the world, and may squelch any number of efficiency-enhancing mergers. Our panelists will discuss these important challenges and risks, and provide practical insights for companies considering merger activity in these new, challenging times.
Topics:
- Populist Antitrust (Big is Bad) v. Mainstream Antitrust – The Return to Structuralism
- The key influencers in antitrust - the Legislators, the Enforcers, The Academics, the Media
- Merger Enforcement Policy Priorities – Acquisitions of Nascent Competitors and Killer Acquisitions in Pharma/Digital Industries, Labor Markets (monopsony), Public Interest Considerations such as Industrial Policy, Sustainability, Data Privacy, and the more elusive notion of Fairness, Parochial Remedies and Acceptable Divestiture Buyers
White & Case LLP is an approved Multiple Activity Provider with the State Bar of California and has been certified as an Accredited Provider by the New York State Continuing Legal Education Board. Our programs are presumptively approved for California and New York State continuing legal education.
1.5 total hours of CLE will be awarded upon completion of this activity. The content is appropriate for lawyers of all experience levels.
