#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed

Update: 2024-09-02

Description

The failing firm defense can be viewed skeptically when put forward by merging parties. But when can it be used successfully to save a deal that may otherwise be found to be anticompetitive? Chris Wilson, partner in the antitrust group of Paul Weiss, joins Jaclyn Phillips and Anora Wang to discuss the current state of the failing firm defense. Listen to this episode if you want to learn more about recent cases and what facts may make a failing firm defense thrive.

With special guest:

Christopher M. Wilson, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Hosted by:

Jaclyn Phillips, White & Case LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

Comments

Top Podcasts

The Best New Comedy Podcast Right Now – June 2024 The Best News Podcast Right Now – June 2024 The Best New Business Podcast Right Now – June 2024 The Best New Sports Podcast Right Now – June 2024 The Best New True Crime Podcast Right Now – June 2024 The Best New Joe Rogan Experience Podcast Right Now – June 20 The Best New Dan Bongino Show Podcast Right Now – June 20 The Best New Mark Levin Podcast – June 2024

In Channel

#300 What’s on the Radar? Legal and Regulatory Analysis of Airline Mergers in the U.S.

2024-11-1842:03

#299 Who Is Lesley Fair? A Conversation With a Consumer Protection Law Legend

2024-11-1134:02

#298 What Has Happened to Merger Control in India? The Impact of the September 2024 Changes

2024-11-0433:34

#297 HSR You Kidding Me? Unpacking the New Requirements for Merging Parties in the U.S.

2024-10-2831:28

#296 How Should Competition Law Be Dealing With AI and Climate Change?

2024-10-2128:12

#295 More or (Even) Less Certainty in EU Merger Control? The European Court of Justice Judgment in Illumina/GRAIL

2024-10-1437:21

#294 Acquisitions or Not? Big Tech's Big Problems Investing in Artificial Intelligence

2024-10-0724:06

#293 Is the EU Position Now Clear? The European Commission’s Draft Guidelines on Exclusionary Abuses of Dominance

2024-09-3039:38

#292 Thinking About Going Small? Starting Up a Solo or Small Firm Antitrust Practice

2024-09-2332:08

#291 How Was Your Life In Antitrust? A Conversation With Jon Jacobson

2024-09-1631:52

#290 Who Is Aviva Will? Antitrust Lawyer and Litigation Financing Entrepreneur

2024-09-0931:46

#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed

2024-09-0223:43

#288 Who Is Steve Cernak? Meet the 2024-25 Chair of the ABA Antitrust Law Section

2024-08-2623:19

#287 How Should We Protect Children’s Online Privacy? Revisiting the Children’s Online Privacy Protection Act (COPPA)

2024-08-1927:07

#286 What Are the Perils of Privacy Law? Evolutions of the Children's Online Privacy and Protection Act (COPPA)

2024-08-1235:09

#285 Is It All Connected? Exploring Cross-Market Theories of Harm in Healthcare Mergers

2024-08-0541:03

#284 How Do We Measure Innovation? The Economic Analysis of the Impact of M&A on Innovation in the Pharmaceutical Industry

2024-07-2923:27

#283 Who Should Competition Law Work For? Enforcement Against Restrictive Labour Market Agreements in the EU

2024-07-2240:32

#282 Has the Scrutiny Reached a Fever Pitch? Taking the Temperature of Private Equity in Healthcare

2024-07-1528:32

#281 What Are the Australian Competition and Consumer Commission’s Plans for Enforcement? Breaking It Down From A To Triple C

2024-07-0829:39

00:00

#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed

#box-pro-ellipsis-173224302585317{-webkit-line-clamp:2;}#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed

#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed

American Bar Association

#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed