Litigating an Antitrust Merger Case

This course is intended to simulate what happens in an antitrust matter, whether at the regulator (DOJ) or at the firm representing the defendant, the acquiring company (AC). Exercises divide the class into DOJ and AC sides. Students will follow a merger from intake through argument of the appeal, permitting the students to experience at each step of the process, as lawyers in practice would experience: (1) identifying the antitrust problem, (2) assessing the risks from the client's and societal perspectives, (3) negotiating a resolution, (4) drafting pleadings, (5) preparing for and arguing principal issues at trial, (6) the ethical considerations in advising clients about issues, in negotiating with adversaries and in selecting and arguing issues to the court, and (7) preparing for and arguing principal issues on appeal.
Requisites