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.
New concentration thresholds in the draft 2023 US Merger Guidelines
In this paper, we discuss how the proposed draft 2023 US Merger Guidelines have redrawn the thresholds for determining whether a merger should be presumed...