On November 10, Skadden hosted the webinar “‘Litigating the Fix’: Navigating the New Landscape of Merger Remedies,” which addressed recent FTC and DOJ concerns about merging parties that adopt transaction modifications or post-closing commitments on their own instead of negotiating remedies with the agencies. Panelists discussed how courts have evaluated merging parties’ fixes in litigated merger challenges, what recent agency comments mean for merger review and remedies, key considerations in structuring divestitures and behavioral commitments, the impact of potential state attorney general enforcement and lessons for transaction planning, and takeaways from recent merger challenges. Skadden speakers included Washington, D.C. antitrust/competition partners Ryan Travers and Julia York and counsel Bradley Pierson.
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates