• #33 Mergernomics: Critical Loss

  • Jul 22 2024
  • Length: 34 mins
  • Podcast

#33 Mergernomics: Critical Loss

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  • Summary

  • In this episode you'll learn everything you need to know about the Critical Loss test used by enforcers to determine whether to block a merger - what it tells you, how to calculate it, and when to use it. Guest Ron Drennan, Economic Advisor to the DOJ Antitrust Division and former acting director of economics, explains how Critical Loss predicts the profitability of a post-merger price increase. Co-hosts Scott Scheele and Anant Raut later discuss real world cases where the Critical Loss test was used by the DOJ in litigation (H&R Block/TaxAct and Aetna/Humana), with mixed results. The latest in our "Mergernomics" series, demystifying the economic tools used in merger analysis!

    With special guest:

    Ronald Drennan, Economic Advisor, United States Department of Justice Antitrust Division

    Hosted by:

    Anant Raut and Scott Scheele, Kirkland & Ellis LLP
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