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
- 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.
- Optum/DaVita Medical Group. Retained on behalf of UnitedHealth’s health services subsidiary Optum to analyze potential horizontal and vertical concerns arising from its proposed acquisition of DaVita Medical Group.
- 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.
- CEMEX/GCC. On behalf of CEMEX, S.A.B. de C.V. (“CEMEX”) and Grupo Cementos de Chihuahua, S.A.B. de C.V. (“GCC”), conducted analysis presented to the Federal Trade Commission in support of a transfer of manufacturing and distribution assets for cement from CEMEX to GCC.
- 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.
