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cognizable efficiencies
172 documents for cognizable efficiencies
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Consistent with its goals of encouraging innovation and enhancing consumer welfare, antitrust law generally does not compel a firm to give access to the very assets that are the source of a firm’s competitive advantage, including a firm’s intellectual property, unless a firm has illegitimately gained some edge in the market. And yet, in the context of merger review, compulsory licenses are a fairly common remedy. The Federal Trade Commission and Department of Justice do not impose a compulsory license in every case, but the principles guiding the decision are not entirely clear.This Article is suspicious of the benefits of a compulsory license and concerned about the costs. Ultimately, the agencies use compulsory licenses as a remedial tool to change the post-merger market dynamics....
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...B. Efficiencies 31. The proposed acquisition is unlikely to generaate verifiable, merger-specific, cognizable efficiencies sufficient to reverse the likely comp...
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This article demonstrates that, in certain situations, the market would benefit if a failing company were allowed to merge, even if it could be reorganized under Chapter 11. Part I of this article explains Section 7 of the Clayton Act and its failing company defense. Part II delves into the reorganization requirement of the failing company defense: its creation in a sick newspaper industry, its development, and the modern defense. Past III analyzes the natural incongruity of Chapter 11 reorganizations with antitrust law due to Chapter 11's objectives of serving the public interest and protecting companies from failure. Returning to the antitrust goal of efficiencies, Part IV discusses potential efficiencies achieved through a merger. Finally, Part V concludes with a detailed economic an...
...Cognizable efficiencies include, but are not limited to, achi...
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This Article examines current judicial interpretation of Section 7 of the Clayton Act through the lens of negotiation theory. The research exposes a gap between how courts state they are analyzing efficiency claims in Section 7 Clayton Act enforcement actions and what they are actually doing. During periods of lax antitrust enforcement, this pattern is not readily visible, since almost all proposed merger and acquisition ("M&A") deals are approved. With a shift to more aggressive antitrust policy, however, it is critical that merger review include appropriate weighing of transaction-generated efficiencies-something missing from courts' current antitrust analysis. Although only a small number of Section 7 cases are litigated each year, corporate negotiators assess thousands of potent...
... Agency will not challenge a merger if cognizable efficiencies are of a character and magnitude such...
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.... Efficiencies . The new Guidelines follow the current Guideliness in recognizing that cognizable merger-specific efficiencies may offset any potent...
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... 28. Defendants cannot demonstrate cognizable, merger-specific efficiencies that are sufficient ...
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...17 . 2. Post-Merger Efficiencies. The appellees' second attempt to rebut the FTC's ... must be "merger-specific" to be cognizable as a defense. 20 H.J. Heinz, 116 F. Supp. 2d at 1...
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...The potential efficiencies from competitor collaborations may be achieved thr... procompetitive benefits that are cognizable under the efficiencies analysis set forth in Secti...
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... Overall Benefit with Merger Specific Efficiencies B. AT&T and T-Mobile Have Not Rebutted the Presump... not "merger specific" and thus not "cognizable" under the agencies' Horizontal Merger Guidelines,...
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... to include an expanded discussion of efficiencies ("Current Guidelines"). The proposed changes come ... effects so long as they are cognizable, substantiated and reasonably verifiable. The Agen...
