Crafting Divestiture Packages in M&A Transactions to Overcome Increased Antitrust Regulatory Scrutiny

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Antitrust
- event Date
Wednesday, November 16, 2016
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE course will prepare antitrust counsel and deal attorneys to withstand the Federal Trade Commission (FTC) and Department of Justice's (DOJ) heightened focus on challenging mergers and acquisitions. The panel will offer their perspectives, experiences and practiced strategies for identifying M&A transactions that the FTC or DOJ are most likely to view as harmful to competition is critical. Deal parties will benefit from our panel's strategic approaches to address antitrust concerns, e.g., by divesting certain businesses or assets involved to enable the remainder of the transaction to proceed.
Description
From the outset, counsel must structure divestiture packages to anticipate and survive FTC and DOJ scrutiny--or unnecessarily risk rejection and blowing the deal apart.
Listen as our authoritative panel addresses recent divestiture trends by the FTC and DOJ, and provides strategies for preparing divestiture packages that will gain agency approval.
Outline
- Recent FTC and DOJ challenges to mergers
- FTC and DOJ focus when evaluating divestiture packages
- Assets to be included in divestiture packages
- Characteristics of an acceptable buyer
Benefits
The panel will review these and other key issues:
- What aspects of divestiture packages are more frequently challenged by the FTC and DOJ?
- What do federal agencies look for in a suitable up front buyer?
- How are assets that are less than an entire ongoing stand alone business treated?
- What if the to-be divested assets are at risk of deterioration pending divestiture?
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