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Bates White's Sixth Annual Antitrust Conference

Washington, DC
June 1, 2009

Consummated Mergers: Analysis and Enforcement

Please join Bates White and ESMT Competition Analysis to explore the role of retrospective analysis in merger enforcement. We will discuss the methodological, legal, and enforcement policy questions that arise in the course of investigations involving the analysis of consummated mergers.

Session 1: Evaluating evidence on the competitive effects of consummated mergers

The session will begin with a brief presentation on methods and potential uses of retrospective analysis, including recent case studies. We will take a practical look at the purposes of and methods for evaluating the effects of consummated mergers:

Session 2: Taking enforcement action against consummated mergers: when is it appropriate and how should it be done?

The agencies have demonstrated a willingness to revisit consummated transactions for purposes of possible enforcement litigation. This raises questions of enforcement thresholds, legal procedures, and post-merger remedies:

Reception, dinner, and keynote address

To cap off the day, Bates White and ESMT Competition Analysis will host a reception and dinner. It will feature opportunities to interact with leading academics and other antitrust attorneys in an informal setting.

FTC Commissioner J. Thomas Rosch will give the keynote address on “Antitrust Law Enforcement: What to do About the Current Economics Cacophony.”

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