Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Wednesday, June 5, 2013

Worlds in Collision: Merger Policy in Bankruptcy

Posted by D. Daniel Sokol

Max Huffman, Indiana University Robert H. McKinney School of Law offers his thoughts on Worlds in Collision: Merger Policy in Bankruptcy.

ABSTRACT: Despite a deep literature on the failing firm defense and the frequency with which antitrust issues arise in corporate bankruptcy proceedings, the literature lacks an effort comprehensively to theorize an approach -- and courts have not settled on a rule -- that resolves the deep and enduring conflict between the estate-value-maximization goal of bankruptcy law and the consumer protection goal of merger review. This proposed article addresses that gap.

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