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Horizontal Mergers Failing Firm Defense

Jones Day

Mexico's Antitrust Authority Updates Merger Guidelines

Jones Day on

The Comisión Federal de Competencia's new guidelines clarify notification requirements for joint ventures and the "failing firm" defense. Newly revised merger control guidelines ("Guidelines") from the Comisión Federal de...more

Epstein Becker & Green

The Failing Firm Defense Is an Absolute Defense to an Otherwise Anticompetitive Merger

Epstein Becker & Green on

The fact that a merger might be anticompetitive is not a reason to prohibit a transaction if all of the elements of the “failing firm defense” are met, as described below.  In fact, the antitrust agencies have long recognized...more

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