Ken Heyer, Sheldon Kimmel, Nov 01, 2009
In recessions, we expect to see an increase in both the number and share of mergers where at least one of the parties is having difficulty independently staying afloat. This raises the importance of adopting a sound framework for analyzing merging firms in some form of financial distress. This paper concludes that, while it can be hard to evaluate a failing firm defense under the Merger Guidelines, the principles underlying the test are generally sound, even when the overall economy is going through very difficult times. The recent severe downturn may lead to more proposed mergers between financially distressed firms, but it does not imply that looser standards ought to be applied when evaluating them
Featured News
Obama Calls on Democrats to Confront Risks From Rapid AI Growth
Sep 13, 2026 by
CPI
Cravath Lands Six Weil Partners in High-Profile M&A Team Hire
Sep 13, 2026 by
CPI
Paramount, State AGs Set October Settlement Talks in Antitrust Fight
Sep 13, 2026 by
CPI
Broadcom’s VMware Licensing Changes Draw Deeper EU Antitrust Scrutiny
Sep 13, 2026 by
CPI
South Korea’s Antitrust Fines Hit Record as Regulator Steps Up Chaebol Scrutiny
Sep 13, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – State Attorneys General
Aug 27, 2026 by
CPI
CPI Talks… with Jonathan Skrmetti, Attorney General of Tennessee
Aug 27, 2026 by
Jonathan Skrmetti
What the Live Nation Jury Instructions Tell Us About California’s Unfair Competition Law
Aug 27, 2026 by
Henry Hauser, Brent Nakamura, Ashley Kaplan, Brian Wang & Cari Jeffries
From Backroom Deals to Public Scrutiny: The Tunney Act’s Past, Present, and Future
Aug 27, 2026 by
Christina M. Black & Ashley A. Locke
Understanding the Fragility of Economic Concentration Through the Principles of Ecology
Aug 27, 2026 by
Alexandra Spring