Publications

Antitrust Counsel Josh Buckland co-authored a chapter in the Research Handbook on Global Merger Control, titled, “Is the Approach to ‘Failing’ and ‘Flailing’ Firms in Merger Control Fit for Purpose?” Drawing on EU, U.K. and U.S. merger guidance and case experience, Josh and his co-author suggest a streamlined approach to the treatment of failing and flailing firms in antitrust investigations. They further emphasize that agencies should try and take greater account of documentary material and, at moments of global financial upheaval such as the Global Financial Crisis and the COVID pandemic, give increased recognition to evidenced flailing firm claims as part of a dynamic assessment of a merger’s competitive effects. Authored by leading legal practitioners, economists, enforcers and jurists, the Research Handbook on Global Merger Control provides insight on current issues in global merger control and how enforcement is likely to evolve. It also discusses various challenges in the industry and considers an array of jurisdictional, procedural, substantive and other issues impacting the antitrust community.

To read the chapter, please click here (subscription required).