MergerFest 2020: Alternative Counterfactuals in Merger Enforcement


This Cornerstone Research webinar featured expert speakers from private practice and academia.

This webinar, hosted by Cornerstone Research, addressed topics related to alternative counterfactuals in merger enforcement, from potential competition to the failing firm defence.

The panel of expert speakers from private practice and academia addressed such questions as:

  • Is the failing firm defence re-emerging in merger enforcement, in light of the COVID-19 pandemic?
  • Does potential competition play a role in the counterfactual in tech and pharmaceutical mergers?
  • Is there—and is there a need for—a consistent approach to the counterfactual?
  • What types of evidence inform the counterfactual?
  • What lessons can we learn from recent cases, such as Deliveroo/AmazonPacific Bio/IlluminaPaypal/iZettle and Tobii/Smartbox?


  • Washington

Greg Eastman

Senior Vice President

Additional Speakers

Tim Cowen
Chair, Antitrust Practice, Preiskel & Co.
Caroline Thomas
Partner, Norton Rose Fulbright LLP