This is not the first time, even in recent memory, that large numbers of firms in our economy were suffering from a severe economic downturn. During the Great Recession that began in 2008 a similar situation arose. At that time, many observers were calling for more lenient treatment of mergers proposed by firms in economic distress. Today, some in Congress are arguing for the exact opposite. In this brief note I revisit some of the issues raised by the failing — and flailing — firm defenses
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