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The HSR Act and the Various Stages of Merger Investigations: What Economists Should Know and Do

The HSR Act and the Various Stages of Merger Investigations: What Economists Should Know and Do

Live Webcast Date: Wednesday, September 12, 2018 at 3:00 pm - 5:00 pm (ET)
Antitrust Live Webcast

$99.00 - 2.0 Credit Hours

CLE/CPE/CE Processing Fees

If CE credit is needed, there is a minimal fee for processing. Please select accordingly. Attorneys who need CLE credit for IL must register 3 days prior to the live event. Registration received thereafter will not qualify for approved CLE credit. For more info, email [email protected].

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Partner Firms

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Federal Trade Commission

Analysis Group
NERA Economic Consulting

Federal Trade Commission

Website: #

Analysis Group

Analysis Group is one of the largest economics consulting firms, with more than 850 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.

Website: http://www.analysisgroup.com/

NERA Economic Consulting

NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA's economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. The firm brings academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation. With its main office in New York City, NERA serves clients from more than 25 offices across North America, Europe, and Asia Pacific.

Website: http://www.nera.com/

Speakers
James Rhilinger

James RhilingerDeputy Assistant DirectorFederal Trade Commission

Michael Moiseyev

Michael MoiseyevAttorneyFederal Trade Commission

Emily Cotton

Emily CottonVice PresidentAnalysis Group

A vice president at Analysis Group, a leading economics consulting firm, Ms. Cotton has extensive experience conducting complex quantitative and qualitative analyses of data in...

A vice president at Analysis Group, a leading economics consulting firm, Ms. Cotton has extensive experience conducting complex quantitative and qualitative analyses of data in both mergers and litigation matters. Her work has included analyses of Federal Trade Commission (FTC) merger compliance, specifically evaluating the challenges associated with complying with Second Requests and Supplemental Information Requests from the FTC, the U.S. Department of Justice, and the Canadian Competition Bureau.

Ms. Cotton has supported experts from leading universities and has managed case teams in a broad range of industries on matters including antitrust, bankruptcy, class certification, intellectual property, securities, survey design, tax, and transfer pricing. Her case work has also included assessing competitive effects in major antitrust matters and mergers; managing the independent evaluation of large quantities of data for antitrust cases; and determining pricing in transfer pricing matters. 

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Dr. Gabriella Monahova

Dr. Gabriella MonahovaSenior ConsultantNERA Economic Consulting

Dr Monahova is a senior consultant in NERA’s Washington, DC office, where she manages and coordinates the work of a team of research analysts. An antitrust economist with...

Dr Monahova is a senior consultant in NERA’s Washington, DC office, where she manages and coordinates the work of a team of research analysts. An antitrust economist with broad industry experience, Dr Monahova examines the competitive effects of proposed mergers and analyses allegations of anti-competitive behavior in antitrust litigation cases. As part of that work, she has analyzed a wide variety of data, including large, terabyte-sized data sets. Her experience spans a number of industries, including health care and medical products, construction products, retail and hospitality, and automotive parts manufacturing.

At the University of Wisconsin-Madison, Dr Monahova specialized in industrial organization and health care economics. She received a capstone PhD teaching award and the Warren A. Peterson Memorial Award in Economics.

A native of Bulgaria, Dr Monahova is fluent in Bulgarian and English.

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James Rhilinger, Deputy Assistant Director
Federal Trade Commission

Michael Moiseyev, Attorney
Federal Trade Commission

Emily Cotton, Vice President
Analysis Group

Dr. Gabriella Monahova, Senior Consultant
NERA Economic Consulting
  • Prior to filing: economists perform antitrust risk assessment, which can have consequences for the deal value and the structure of the deal; economists educate the lawyers and the clients about the potential theories of harm and what evidence is needed to alleviate concerns
  • The first 30 days: economists perform analytical work and engage the agencies in order to frame the issues, present the deal rationale, resolve questions that the agencies might have, and establish an open working relationship with staff at the agencies
  • Second Request: economists are deeply engaged in the compliance process; they translate the data specifications in simple language, work with the client to understand if the required data exist, how they are stored and how best it could be extracted and put together for submission; analytical work proceeds simultaneously
  • After compliance with the Second Request: economists continue to communicate with staff at the agencies, presenting analyses, addressing concerns, and responding to questions

Over the past few years, an increasing number of merger transactions have been reviewed and a number of high profile mergers have been denied at trial.  Economists can assist antitrust counsel at each stage of the HSR and potential subsequent merger investigation process. This input is valued both on the agency and merging-entity side of the investigation.  The panelists have experience working for a number of merging entities to provide support including identification of potential targets, identification of antitrust concerns, procurement and preparation of client data for agency review, explanation of relevant data to agency economists and counsel, and preparation of advocacy analyses.

Key topics include:

  • An overview of the stages of merger investigations conducted by the DOJ and FTC
  • A review of the trends in numbers of investigations
  • Examples of assistance from economists at the following stages of merger investigations:
    •    Pre-HSR filing
    •    Preliminary review post-HSR filing
    •    Second request
    •    Advocacy Analyses

This is must attend event for everyone interested in keeping themselves abreast with the FTC’s 2017 Reporting Thresholds Under the Hart-Scott-Rodino Act.

During this LIVE Webcast, you will hear:

  • Detailed guidance explained by the most qualified key leaders & practitioners.
  • Hear directly from key thought leaders
  • Interact directly with panel during Q&A

Be in the know! Click the “register” button as space is limited. Significant discounts apply to early birds.

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