Worlds in Collision: Merger Policy in Bankruptcy
Indiana University Robert H. McKinney School of Law
March 14, 2012
Indiana University Robert H. McKinney School of Law Research Paper No. 2013-17
Despite a deep literature on the failing firm defense and the frequency with which antitrust issues arise in corporate bankruptcy proceedings, the literature lacks an effort comprehensively to theorize an approach - and courts have not settled on a rule - that resolves the deep and enduring conflict between the estate-value-maximization goal of bankruptcy law and the consumer protection goal of merger review. This proposed article addresses that gap.
Number of Pages in PDF File: 10Accepted Paper Series
Date posted: March 16, 2012 ; Last revised: May 16, 2013
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