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2024 Colum. Bus. L. Rev. 1 (2024)

handle is hein.journals/colb2024 and id is 1 raw text is: ARTICLE LITIGATING THE FIX: A LEGAL OVERVIEW Taylor M. Owings, William H. Rooney, Adriana Morton, Sarah Zhang* When a proposed merger or acquisition draws the scrutiny of the U.S. antitrust agencies (the Department of Justice or Federal Trade Commission), parties sometimes propose divest- itures targeted to address the competitive concerns. If the pro- posed divestitures are deemed unsatisfactory by the reviewing agency, the parties may propose them in defense of the trans- action in court as an effectively modified transaction. That pro- cess is known as litigating the fix. The 2023 William Howard Taft Lecture, sponsored by the Antitrust Law Section of the New York State Bar Association in collaboration with the Co- lumbia Business Law Review on November 29th, 2023, *Taylor M. Owings is a partner in the Antitrust and Competition Practice Group of Wilson Sonsini Goodrich & Rosati. William H. Rooney is a Lecturer in antitrust law (and other subjects) at the Columbus School of Law at The Catholic University of America and a former partner of Willkie Farr & Gal- lagher LLP and former co-chair of the firm's U.S. Antitrust Practice. Adri- ana Morton is a litigation associate of Willkie Farr & Gallagher LLP. Sarah Zhang is an associate in Baker Botts L.L.P.'s Antitrust and Competition Practice Group. The authors wish to acknowledge and thank Willkie Farr & Gallagher LLP law clerk, Yujin Kim, for her excellent and invaluable as- sistance in drafting this article. The authors and Ms. Kim prepared this draft in connection with the 2023 William Howard Taft Lecture, which was organized by the New York State Bar Association, Antitrust Law Section. This article represents the thoughts of the authors and Ms. Kim and should not be construed as the position of any other person or entity. This article was prepared as a general introduction to the Taft Lecture only and does not take into account the qualifications, exceptions, and other considerations that may be relevant to particular situations. Nothing contained herein constitutes, or is to be con- sidered, the rendering of legal advice, generally or as to a specific matter, or a warranty of any kind. Readers are responsible for obtaining legal advice from their own legal counsel. The authors and Ms. Kim disclaim liability for any errors in, or any reliance upon, this information.

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