The Failing Company Defense After the Commentary: Let it Go

• DOI: 10.36646/mjlr.41.3.failing
• Publication Date: 2024-07-09T18:14:20Z
• Authors: Oliver Zhong
• Keywords: Law reform

This Note proposes the abolishment of failing company defense in merger control law. call for reform is based on a comprehensive critique, which consists revisit doctrinal history, survey problems current practice, and an inquiry into normative merits both status quo alternative plans. The advocated will purify doctrine improve practice with minimum adjustments, line ongoing movement to modernize review publication Commentary Merger Guidelines.