Jenner & Block

"What Can We Learn from Merger Retrospectives,” Fordham Competition Law Institutes’ 45th Annual Conference on International Antitrust Law and Policy and Antitrust Economics Workshop

Jenner & Block Partner Lee K. Van Voorhis participated in the panel discussion “What Can We Learn from Merger Retrospectives” at Fordham Competition Law Institutes’ 45th Annual Conference on International Antitrust Law and Policy and Antitrust Economics Workshop.  The panel discussed whether there is value in economic and econometric analyses of past mergers, and if so, how best to conduct such retrospectives.  The panel also noted multiple difficulties in obtaining sufficient quality data to conduct such analyses, including the reluctance of companies to provide data to government enforcers, given the possibility of enforcement action.  Mr. Van Voorhis proposed the possibility of a “blue ribbon panel,” much like the Antitrust Modernization Commission that operated a decade ago.  Such a panel might consist of both public and private representatives, and be able to wall off data from government enforcers, as a way to encourage participation.

Mr. Van Voorhis is co-chair of the firm’s Antitrust and Competition Law Practice.  He has a wealth of experience with merger clearance and in counseling clients on antitrust compliance and competition issues, in addition to his litigation and arbitration experience.