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”)…
In this issue
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