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Antitrust Chronicle<sup>®</sup> – Failing Firm Defense

Antitrust Chronicle® – Failing Firm Defense

Summer 2020, Volume 3, Number 1

Dear Readers, This Chronicle addresses the failing firm defense in merger control. The failing firm defense is frequently invoked, but is seldom successful. In theory, at least, the defense has a certain intuitive appeal. By definition, for a merger to be illegal, its implementation must substantially lessen (or “significantly impede”) competition. If, in the counterfactual, […]

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In this issue

Antitrust Chronicle® – Failing Firm Defense
CPI
Sep 7, 2020
Epic Fail: Why It Is Better to Focus on a Competitive Effects Analysis Than the Failing Firm Defense
James Fishkin
Sep 7, 2020
Failing Firm Analysis and the Current Economic Downturn
Ken Heyer
Sep 7, 2020
Pandemic, Economic Crisis, and the Failing Firm Defense
Antonio Bavasso
Sep 7, 2020
The Failing Firm Defense in Times of (the COVID-19) Crisis: Is It Worth Revisiting?
Kyriakos Fountoukakos
Sep 7, 2020
Canadian Merger Review: Assessing Failing Firm Claims in Market Conditions Disrupted by COVID-19
Jeanne Pratt
Sep 7, 2020
The Failing Firm Doctrine During COVID-19: A Perspective from South Africa
Raksha Darji
Sep 7, 2020

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