Dechert LLP

10/26/2021 | Press release | Distributed by Public on 10/26/2021 08:26

Dechert Launches Boiling Points Collection

Dechert is proud to introduce Boiling Points, a collection of real-world documents that government agencies have used to support enforcement decisions against merging companies. How management or a deal team communicates about its deal can significantly impact merger reviews and the likelihood of obtaining antitrust approval. Hot documents often lead to deals being delayed and even blocked. Through Boiling Points, our antitrust lawyers offer counsel and business teams practical guidance to help prevent costly deal delays or challenges that can stem from "hot documents" - those that government enforcers may view as problematic.

Dechert's curated collection of publicly available court and antitrust agency records is the first and only comprehensive collection of actual documents that have caused deals unwanted attention from government authorities. This collection highlights the types of statements that are likely to be drawn into the spotlight in merger investigations and could potentially create sideshows that distract from other substantive issues. This collection stresses the importance of deal documents, and is intended to help counsel and business teams develop pro-competitive, fact-based deal themes and to spot hot content that may need to be analyzed or explained.

"I first began developing the concept of Boiling Points ten years ago, and with the assistance of partner Rani Habash, it has evolved into a truly unique and thorough set of real-world documents from antitrust and merger cases and investigations," said Mike Cowie, co-chair of Dechert's antitrust/competition group. "We're excited to debut this useful and innovative tool for clients to help understand and avoid past mistakes, while also speaking to the importance and value of incorporating fact-based pro-competitive deal themes."

  • Webinar: Antitrust Boiling Points - The Role of Hot Documents in Antitrust Merger Investigations November 16, 2021 | 11:00 AM - 12:00 PM

Dechert antitrust/competition co-chair and former Federal Trade Commission, Assistant Director Mike Cowie and Dechert partner Rani Habash will highlight real-world examples of hot documents that garnered unwanted attention from government authorities. The panel will also provide guidance on using fact-based, procompetitive themes in merger planning communications that support your deal. Register here

Dechert's global antitrust practice has been named a Law360 "Competition Practice Group of the Year" for the last two years. Industry leaders rely on Dechert's knowledge of the government process and successful track record securing clearance for the most visible, challenging deals.

Dechert is also the creator of the Dechert Antitrust Merger Investigation Timing Tracker, better known as DAMITT. The quarterly report is the leading source of analysis for significant U.S. and EU antitrust merger investigation and litigation trends.

About Dechert

Dechert is a leading global law firm with 22 offices around the world. We advise on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.