Webcast: Antitrust Merger Clearance: Strategies for Increasing Deal Certainty

April 4, 2017

​While the legal industry and the markets will not know the precise contours of the Trump Administration’s antitrust policy for a number of months, certain policy changes are likely. Companies that plan for these changes can implement strategies that enable them to obtain merger clearance faster, at lower cost, with reduced overall antitrust risks. Sound merger clearance strategy must also account for continued active merger enforcement by the European Commission and other foreign competition agencies.

Our panel of experienced antitrust practitioners and former antitrust enforcers discuss a range of issues confronting companies as they prepare for major M&A and other business transactions.

View Slides [PDF]

Topics discussed:

  • The latest U.S. and EU antitrust enforcement trends
  • Accurately assessing antitrust risk
  • Lowering the costs and increasing the speed of merger clearance reviews
  • Coordinating international antitrust merger investigations
  • Negotiating remedies with antitrust enforcers around the world

Who should view this program:
In-house counsel, senior executives, and business development personnel who are involved in business transactions and government investigations.

PANELISTS:

Joshua H. Soven — partner in the firm’s Antitrust and Trade Regulation Practice Group, focusing on government antitrust investigations, antitrust litigation, and counseling on competition issues. Mr. Soven’s recent representations include serving as lead antitrust counsel for LinkedIn in its sale to Microsoft, St. Jude Medical in its sale to Abbott Laboratories, and Southern Company in its acquisition of AGL Resources and its joint venture with Kinder Morgan. Mr. Soven is ranked as a leading antitrust lawyer by Chambers USA, The International Who’s Who of Competition Lawyers, and Best Lawyers. In 2015, the National Law Journal recognized Mr. Soven as an antitrust “Trailblazer” for excellence in antitrust merger clearance.

Mr. Soven served in high-level positions at both U.S. antitrust agencies: Chief of the Litigation I Section of the Antitrust Division of the Department of Justice (2007-2012); Attorney Advisor to Federal Trade Commission Chairman Deborah Platt Majoras (2004-2007); and Trial Attorney in the Networks and Technology Enforcement Section of the Antitrust Division (1998-2004). He is an editor of the American Bar Association’s Antitrust Magazine and a former Senior Editor of the Antitrust Law Journal.

 

Joshua Lipton — partner in firm’s Litigation Department and is a member of the firm’s Antitrust and Trade Regulation Practice Group. He has practiced principally in the antitrust field, on matters including litigation in state and federal courts, merger and acquisition investigations, and antitrust investigations by government authorities. He has represented clients in a variety of industries, including healthcare, consumer packaged goods, financial markets, pharmaceuticals, semiconductors and other high technology, defense, petroleum, automobiles, professional sports, and airlines, among others. Mr. Lipton recently was lead antitrust counsel for Marriott in its acquisition of Starwood.

Mr. Lipton has been listed as a leading antitrust specialist by Chambers USA‘s America’s Leading Lawyers for Business, Practical Law Company’s Competition: The Law and Leading Lawyers Worldwide, and Super Lawyers in its Antitrust Litigation and Mergers & Acquisitions categories. Mr. Lipton has been ranked as a “Client Service All-Star” by BTI Consulting. The 2009 edition of Legal 500‘s US Legal 500 Guide states: “‘Practical in his advice and attentive to costs,’ say clients, Washington DC-based partner Joshua Lipton has a flourishing reputation as a persuasive antitrust advocate before both state and federal courts.”

Ali Nikpay — partner in the firm’s global antitrust and trade regulation practice and former Senior Director at the UK’s competition authority. Developed and implemented major changes to the UK’s competition enforcement regime, reshaping in particular its cartels legislation and practices and delivering decisions in some of the most significant merger cases in recent years, including LSE/LCH.Clearnet, BATS/Chi-X, and Rank/Gala. Pioneered the use of early resolution mechanisms in civil antitrust enforcement cases in Europe, delivering the two highest fines ever imposed in the UK, in high profile investigations in the financial services and aviation sectors. Heavily involved in the EU’s reform of its approach to monopolization cases and the system for private litigation of antitrust matters. Editor-in-chief of “Faull and Nikpay”, one of the leading practitioner texts on EU Competition Law. Former member of the Confederation of British Industry’s Competition Panel. Visiting lecturer at the Oxford University.

 

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement.  This course is approved for non-transitional credit only.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast.  Please contact Jeanine McKeown (National Training Administrator), at 213-229-7140 or jmckeown@gibsondunn.com to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast.  No certificate of attendance is required for California “self-study” credit.