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To Catch a Killer: Could Enhanced Premerger Screening for “Killer Acquisitions” Hurt Competition?
09 April 2020
Dr. Kate Foreman
Senior Consultant Dr. Kate Foreman published “To Catch a Killer: Could Enhanced Premerger Screening for ‘Killer Acquisitions’ Hurt Competition?” in the American Bar Association’s Antitrust Magazine Spring 2020 edition. Dr. Foreman and co-author Kelly Fayne of Latham & Watkins discuss the killer acquisition theory, enhanced premerger scrutiny, motivating and promotion innovation, and the costs of premerger review. The authors explore whether enhanced premerger screenings can successfully identify mergers where the incumbent acquires a nascent or potential competitor with the intention of discontinuing the target’s product or service.
To view the full article, please visit the ABA website, which requires a subscription.