The failing firm defense can be viewed skeptically when put forward by merging parties. But when can it be used successfully to save a deal that may otherwise be found to be anticompetitive? Chris Wilson, partner in the antitrust group of Paul Weiss, joins Jaclyn Phillips and Anora Wang to discuss the current state of the failing firm defense. Listen to this episode if you want to learn more about recent cases and what facts may make a failing firm defense thrive.

With special guest:

Christopher M. Wilson, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Related Links:

Hospitals Defeat FTC Merger Injunction Request With a Version of the “Failing Firm” Defense

Hosted by:

Jaclyn Phillips, White & Case LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP