Competition Policy

Rubin PLLC is often called upon to analyze and formulate positions on competition policy, to advise clients on the competition dimensions of proposed legislation or regulations, and to provide advocacy and expertise to private firms, governmental agencies, political subdivisions, and governmental commissions.

Merger control is a keystone for any competition policy. The government will not intervene against transactions not likely to violate Section 7 of the Clayton Act, which prohibits acquisitions that substantially may lessen competition.

Determining whether the effect of a transaction "may be substantially to lessen competition" is often a complex and multifaceted issue that requires expert legal and economic analysis. Although the U.S. competition agencies recently published updated merger guidelines, no formulaic approach can substitute for a customized, independent and thoroughgoing professional analysis.