This article will examine two areas in which the courts have given financially-troubled companies special treatment under the antitrust laws. Part I discusses the acquisition of a failing company, which may constitute a judicially-created exemption from section 7 of the Clayton Act. Part II considers certain cases involving failing companies whose conduct is challenged under section 1 of the Sherman Act.
Janet L. McDavid,
Failing Companies and the Antitrust Laws,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol14/iss2/7