Mergers & Acquisitions Mergers & Acquisitions

Comment: Consummated merger benefits outweighing speculative harm is argument Big Tech will likely use in court

By Flavia Fortes and Khushita Vasant
  • 06 May 2021 12:43
  • 06 May 2021 12:43
Big Tech companies are likely to defend their consummated acquisitions in court by arguing that evidence of their mergers’ benefits should outweigh speculative harm.
US Federal Trade Commission Commission member Noah Phillips, a Republican, said precedent from the Justice Department's case against Microsoft dictates that evidence of what happened in

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Flavia Fortes

Global Head of Mergers

Flavia writes about merger control, antitrust enforcement and litigation in the U.S. and Brazil. Before joining MLex, Flavia worked as an Antitrust Consultant in the Federal Trade Commission's Office of International Affairs and as a Research Fellow for the American Antitrust Institute. She has written on the intersection of antitrust law and intellectual property law in technology-driven and innovative markets.

Khushita Vasant

Chief Antitrust Correspondent, US

Khushita covers US antitrust enforcement and litigation for MLex. A former Brussels hand, she wrote about about antitrust & mergers for the Policy and Regulatory Report (PaRR), she has covered the EU's actions against Google, Apple, Facebook and Amazon to name a few. Khushita specialises in tech and patent policy coverage which featured in the Concurrences Antitrust Writing Awards. Previously as a financial journalist for The Wall Street Journal and Dow Jones Newswires, she wrote about monetary policy and the bond and currency markets. Khushita studied journalism at Mumbai University, and received an Erasmus Mundus scholarship for a masters from universities in Germany and Austria.

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