Sara Razi Authors Article on “Litigating the Fix” in Columbia Business Law Review
09.04.24
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Sara Razi, Global Co-Chair of the Firm’s Antitrust and Litigation Practice, authored an article titled, “Facing Reality: Litigating the Fix When Pre-Merger Negotiations Fail,” which was published in Columbia Business Law Review. The article, which followed Sara’s participation in the New York State Bar Association Antitrust Section’s William Howard Taft Lecture on the same topic, detailed the legal standards by which courts should resolve a government merger challenges in which the defendants have come forward with a fix to address any identified competitive problems. It also examined the legal basis for why a revised transaction is not a “remedy,” advocated for application of the Baker Hughes framework and explained why the relevant inquiry for a reviewing court is whether the ”fixed” transaction may substantially lessen competition. Associate Geoff Schmelkin also made particularly valuable contributions to the article.
To read the full article, please click here.