CRA consultants advised Evonik as it sought regulatory approval of its acquisition of PeroxyChem in front of the Federal Trade Commission (FTC) and later in federal district court. CRA economists provided analyses related to coordinated effects, horizontal unilateral effects, and vertical foreclosure and raising rivals’ costs effects, among others, in the context of the FTC’s merger review. CRA economists also advised Evonik and its counsel Freshfields through litigation, which concluded successfully for the parties. In January, Judge Timothy Kelly denied the FTC’s motion for a preliminary injunction. In February, Evonik successfully closed its acquisition of PeroxyChem. CRA’s team was led by Joanna Tsai, Martino De Stefano, and Yajing Jiang, and included Serge Moresi, Adriana de la Huerta, Tanguy Brachet, Keler Marku, and William Dodds.
Dynamic capabilities and EC merger control: A difficult match?
Svend Albaek and Raphaël De Coninck explore the proposed use of “dynamic capabilities” analysis in European merger control as authorities increasingly focus on...