Mat Hughes and John Bruce authored a chapter in Global Legal Insights Merger Control 2020 on Avoiding the failure of the failing firm defense. The chapter addresses economic crisis arising due to COVID-19 and how firms who may be considering merging as a means of safeguarding for survival can avoid a defense failure.

At a glance:

• The exiting firm – seller and buyer beware?
• Why is the exiting firm scenario typically rejected?
• What factual evidence is required to satisfy the exiting firm test?

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