Under the failing firm doctrine, parties to a horizontal merger or acquisition can interpose the acquired company's financial failure as an absolute defense to an otherwise anticompetitive transaction that violates section 7 of the Clayton Act. Two rationales have been offered in support of the doctrine. First, the "private interest rationale" asserts that courts should protect private interests, such as workers, shareholders, and local communities, whose welfare depends upon the survival of the failing firm. Second, the "economic rationale" asserts that mergers and acquisitions involving failing firms do not threaten competition. In this Note, the author evaluates the private interest and economic rationales and concludes that they are inconsistent with section 7's goal of promoting competition. The author contends that competition should not be sacrificed to protect private interests and that transactions involving failing firms pose various anticompetitive risks.
The export option will allow you to export the current search results of the entered query to a file. Different
formats are available for download. To export the items, click on the button corresponding with the preferred download format.
By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.
To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export.
The amount of items that can be exported at once is similarly restricted as the full export.
After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.