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Brazilian Competition Law and M&A: Key Elements to Bear in the...

By Amadeu Ribeiro, Marcio Soares & João Marcelo Lima (Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados)1   The level of antitrust scrutiny of M&A...
Epic Fail Why It Is Better to Focus on a Competitive Effects Analysis Than the Failing Firm Defense

Epic Fail: Why It Is Better to Focus on a Competitive...

The failing firm defense is the fortune cookie of merger analysis: prevalent in merging parties’ advocacy, tantalizingly full of potential, but in the end,...
Failing Firm Analysis and the Current Economic Downturn

Failing Firm Analysis and the Current Economic Downturn

This is not the first time, even in recent memory, that large numbers of firms in our economy were suffering from a severe economic...
Pandemic Economic Crisis and the Failing Firm Defense

Pandemic, Economic Crisis, and the Failing Firm Defense

The profound economic shock caused by the COVID-19 pandemic is likely to cause the failure of a number of firms and possible consolidation in...
The Failing Firm Defense Times of (the COVID-19) Crisis

The Failing Firm Defense in Times of (the COVID-19) Crisis: Is...

The recent COVID-19 pandemic has affected all areas of economic activity and competition law was not spared. Regulators around the world had to deal...
Failing Firm Doctrine During COVID-19 South Africa

The Failing Firm Doctrine During COVID-19: A Perspective from South Africa

The COVID-19 pandemic is likely to result in a large number of firms facing financial distress. This will likely lead to increased merger notifications...
health

Expectations for Healthcare Mergers During the Pandemic

By Andrew Elzinga, Avigail Kifer & Arthur Corea-Smith (Cornerstone Research)1   Trends in merger investigations related to the current COVID-19-induced downturn may be too new to...
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The Ecuadorian Agency Announces a Fast-Track Merger Proceeding

By Mario Navarrete Serrano (Pérez Bustamante & Ponce)1   On April 20, 2020, the Ecuadorian competition agency (Superintendencia de Control del Poder de Mercado – SCPM)...
Market Crash

A Re-awakening of the Failing Firm Defense in the EU in...

By Dr. Assimakis Komninos, Jan Jeram & Iakovos Sarmas (White & Case LLP)1   Introduction – The Broader Challenges of Merger Control The ongoing COVID-19 global crisis...
deal

Time to Bid Farewell to the Failing Firm Defense? Some Thoughts...

Dec 20, 2013 CPI Europe Column edited by Anna Tzanaki (Competition Policy International) presents: Time to Bid Farewell to the Failing Firm Defense? Some Thoughts in...
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