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
- AT&T/Time Warner. Supported DOJ expert Professor Carl Shapiro in the agency’s litigation over the proposed merger of AT&T and Time Warner.
- 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.
- Halliburton/Baker Hughes. Prepared as a testifying expert on behalf of DOJ in support of its successful challenge of the proposed $34.6 billion merger of Halliburton and Baker Hughes.
- 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.
- Cabell Huntington Hospital/St. Mary’s Medical Center. Provided expert analysis on behalf of the FTC in its proceedings seeking to block Cabell Huntington Hospital’s acquisition of St. Mary’s Medical Center in Huntington, WV.
- FerroAtlantico/Globe Specialty Metals. Provided analysis and expert support for the Department of Justice in analyzing the proposed merger of silicon metal producers FerroAtlantico and Globe Specialty Metals.
- 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.
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Iron Mountain/Recall. Assisted the Competition Bureau of Canada in its review of the Iron Mountain/Recall merger.
- International Paper Company/Weyerhaeuser. Assisted counsel for International Paper Company by performing merger analyses, including a merger simulation, of International Paper’s proposed acquisition of Weyerhaeuser's pulp business.
- Comcast/Time Warner Cable. Retained on behalf of Cogent Communications to analyze the public interest implications of the proposed merger of Comcast and Time Warner Cable.
- AT&T/DirecTV. Assessed the potential competitive effects of AT&T’s proposed $48 billion acquisition of DirecTV during an extended review of the transaction by the DOJ and FCC.
- Express Scripts/Medco Health Solutions. Conducted extensive economic analysis on behalf of Express Scripts in connection with its $29 billion acquisition of Medco Health Solutions, two companies in the pharmacy benefit management industry.
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.