Overview
In a market increasingly characterized by M&A activity, Bates White has the theoretical, empirical, and communication skills needed to guide clients through all phases of antitrust analysis. Our work emphasizes applying quantitative methods to determine competitive effects, define product and geographic markets, and analyze the likely impact of entry. From pre-filing risk assessment to expert testimony in litigation, we balance rigor with clear analyses, reports, and presentations, so even the most complex economic issues are understandable.
Whether we are working with the merging parties, a government agency, or a third party, our in-house professionals and academic and industry affiliates bring significant credibility. Through years of working in and with the agencies, we’ve established a reputation for quality and trustworthiness and developed the knowledge necessary to successfully navigate regulatory proceedings. We harness diverse perspectives from our experts and support staff, working together to perform analyses and provide guidance that are accurately tailored to each situation. This follows from our commitment to full transparency and a spirit of collaboration that is a bedrock of our culture.
Selected Work
- Rogers Communications–Shaw Communications. Retained by Shaw to analyze potential $26 billion merger with Rogers Communications. Provided testimony before the Canadian Competition Tribunal.
- Penguin Random House–Simon & Schuster. Retained by the Department of Justice to analyze how Penguin's planned acquisition of Simon & Schuster would affect the publishing industry. Provided trial testimony.
- MGM Resorts–Cosmopolitan. On behalf of MGM Resorts International, provided economic analysis of MGM's acquisition of the Cosmopolitan at Las Vegas.
- EnCap—EP Energy. Retained by merging parties to provide analysis of likely competitive effects of the merger; helped respond to DOJ's Second Request.
- Lifespan–Care New England. Retained by Rhode Island Attorney General to examine likely competitive effects of the merger of the two largest healthcare systems and employers in Rhode Island.
- Healthcare system integration. Retained by merging parties to assist in clearing their $13 billion integration before the FTC.
- Sartorius Stedim Biotech–Novasep. On behalf of Sartorius, provided analysis of its acquisition of chromatography business Novasep Process SIS.
- Sprint T-Mobile. On behalf of New York State Attorney General, evaluated competitive effects of the $26 billion Sprint T-Mobile merger, supporting witnesses for the coalition of plaintiff states.
- Nvidia Corporation et al.–Arm Ltd. On behalf of the FTC, in In re Nvidia Corporation et al., analyzed the proposed $40 billion semiconductor chip merger between Nvidia Corporation and UK chip design provider Arm Ltd.
- Jefferson Health–Albert Einstein Healthcare Network. Testified on behalf of defendants in In re Thomas Jefferson University and Albert Einstein Healthcare Network, litigation brought by the FTC to enjoin the proposed merger of Jefferson Health with Albert Einstein Healthcare Network.
- Peabody Energy Corporation–Arch Resources. On behalf of the FTC, analyzed the potential competitive effects of the proposed joint venture between Peabody Energy Corporation and Arch Resources as they sought to combine their Southern Powder River Basin and Colorado coal assets.
- Centene Corporation–WellCare Health Plans. On behalf of Centene Corporation and WellCare Health Plans, provided economic analysis on issues related to their proposed merger.
- Evonik/PeroxyChem. On behalf of Evonik and PeroxyChem, two manufacturers of hydrogen peroxide, addressed claims by the FTC that their proposed merger would limit competition in certain US regions and increase the likelihood of coordination between suppliers.
- AT&T–Time Warner. Supported DOJ expert in the agency’s litigation over the proposed merger of AT&T and Time Warner.
- Sinclair–Tribune. Assisted the DOJ in evaluating the potential competitive effects of the proposed merger of Sinclair Broadcast Group and Tribune Media.
- DuPont–Dow Chemical Company. Retained on behalf of DuPont to analyze the competitive effects of the proposed merger of E.I. DuPont de Nemours & Co. and Dow Chemical Company across a wide range of markets, including seeds and transgenic traits, crop protection, and petrochemicals.
- General Electric–Electrolux. Provided expert analysis and testimony on behalf of DOJ in support of the Antitrust Division’s successful challenge of Electrolux’s proposed acquisition of General Electric’s major appliance business.
- BCE–Manitoba Telecom Services. Prepared economic analysis on behalf of the Canadian Competition Bureau in support of its review of the acquisition of Manitoba Telecom Services, Inc., by BCE Inc.
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Holcim Ltd.–Lafarge SA. On behalf of construction material manufacturers Holcim Ltd. and Lafarge SA, provided economic analysis of possible competitive concerns arising from their proposed $25 billion merger.
Horizontal Merger Guidelines
Bates White has produced eReader versions of the August 2010 Horizontal Merger Guidelines issued by the DOJ and the FTC. To download the file to your Kindle, iPad, Nook, Sony Reader or other eReader, click here.