The Elephant in the Room: Litigating the Fix after Arch Coal and Dairy Farmers

Antitrust Source, January 2006

9 Pages Posted: 2 May 2009

Date Written: Jan 2006

Abstract

Parties to proposed mergers are seeking with increasing frequency to eliminate competitive concerns by restructuring their transactions or selling overlapping assets to third parties. These efforts do not always eliminate the concerns of the enforcement agencies, which have challenged a number of these self-help, or fix-it-first, remedies. In a setback for the enforcement agencies, the courts have been willing to consider these self-help remedies when evaluating the overall competitive effects of a transaction. This article describes the standards under which courts evaluate these fix-it-first remedies.

Keywords: antitrust, merger review, merger remedies

JEL Classification: K21

Suggested Citation

Tucker, Darren S., The Elephant in the Room: Litigating the Fix after Arch Coal and Dairy Farmers (Jan 2006). Antitrust Source, January 2006. Available at SSRN: https://ssrn.com/abstract=1397575

Darren S. Tucker (Contact Author)

Vinson & Elkins LLP ( email )

2200 Pennsylvania Ave NW
Washington, DC 20037
United States

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