Preface

• Pages: xvii-xviii

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PREFACE

The first edition of Mergers and Acquisitions: Understanding the

Antitrust Issues published in 2000, replaced the Section’s Monograph

#12 on horizontal mergers that was issued in 1986. Like its predecessor,

the current edition is designed to be a comprehensive review of United

States substantive merger law for use by counsel evaluating or

advocating a transaction. The book guides the reader through the

substantive analysis applied to transactions, commencing with market

definition and measurement (Chapter 3), transitioning to a discussion of

possible coordinated and unilateral effects arising from a transaction

(Chapter 4), and then focusing on the various mitigating factors

potentially available to the parties (Chapter 5), as well as efficiencies

(Chapter 6) and potential defenses (Chapter 7). Separate chapters are

devoted to the issues arising in the joint venture context (Chapter 8) and

in vertical (Chapter 10) and conglomerate mergers (Chapters 10 and 11,

respectively). The book also addresses theories of potential competition

(Chapter 9) and issues particular to international transactions (Chapter

12). Judicial relief and remedies are discussed in Chapter 13.

The book does not seek to detail the process and procedures of

merger review at the federal agencies, although Chapter 2 touches upon

the topic; for that, the ABA Section of Antitrust Law issued the second

edition of its practice guide entitled, The Merger Review Process: A

Step-by-Step Guide to Federal Merger Review in 2001. In addition,

while it briefly discusses state merger enforcement, a more in-depth

discussion of that topic is available in the Section’s State Antitrust

Practice and Statutes (3d ed. 2003); it also does not address foreign

review of mergers, for which the reader is directed to the Section’s

treatise, Competition Laws Outside the United States.

This book is the product of numerous individuals. We owe a special

thanks to Bob Schlossberg, who was responsible for editing the entire

second edition. Bob was assisted by a number of individuals at his firm

and, in particular, Christopher Tierney, who spent long hours seeing the

book through to publication. In addition, the following individuals

contributed to the drafting of this second edition:

Daniel M. Abuhoff

David A. Applebaum Elizabeth Averill

Nicholas W. Bath David T. Beddow

Linda Blumkin