CRA advised the merging parties in a transaction, where the CMA had questioned whether the target company was of interest to the buyer because it was on the verge of becoming a threat to the buyer’s core business, i.e. a “killer acquisition”. CRA’s analysis of the buyer’s financial model of the target at the time of purchase played a key role in the CMA’s clearance of the merger and its conclusion that the transaction was not a killer acquisition.
Pivotality: A sound new theory of harm in horizontal mergers?
In its review of the Novelist/Aleris merger, the European Commission relied upon a novel pivotality theory of harm, where pivotality indicates that competitors...