Litigating the Mitigating Factors


Craig Malam of Cornerstone Research and John Asker of the University of California, Los Angeles joined an attorney and a regulator on this webinar panel hosted by the American Bar Association.

Efficiencies and mitigating factors have rarely been at the forefront in merger review, and recent trends indicate further de-emphasis. Panelists at this webinar addressed when and why a one-sided approach may make sense for enforcement officials. The discussion also covered how merging parties may prevail upon courts to credit such mitigating factors as efficiencies and structural and behavioral remedies.

Dr. Malam served as moderator for the event.

The webinar was hosted by the American Bar Association Section of Antitrust Law. For more information, visit the event website.


  • San Francisco

Craig Malam


John Asker

Armen A. Alchian Chair in Economic Theory and Professor of Economics,
University of California, Los Angeles;
Senior Advisor, Cornerstone Research