News & Events

Litigation Partner Preston Miller was quoted in an mLex article titled, “Comment: U.S. Antitrust Agencies Can Transcend Market Definition in M&A Litigation Through Stepwise Approach, but Obstacles Remain.” The article outlined the obstacles that U.S. antitrust agencies face in persuading courts to accept the validity of merger challenges that deemphasize sector-share statistics and highlight the competitive effects of a transaction. When discussing how agencies could bring a series of challenges that combine a traditional supply-side horizontal theory of harm with another theory that they want the courts to acknowledge as independently sufficient for a case, Preston noted, “If they do it as a secondary theory, and it gets favorably reviewed by a judge a couple times such that they think it now has two legs to stand on its own, then I can envision them potentially bringing a case, but that to me is years down the road, versus tomorrow.”

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