Guerrilla Marketing Posted on December 19, Written by Steve Law Churches must do more marketing to become visible to their neighbors. While people see church buildings, they may not have a personal contact with that church. Here are some cheap ways for church members to interact with their neighbors and hopefully draw them in. Have a volunteer staff the table giving out post cards and drinks of water or hot chocolate, depending on the weather.
Luib Lost in all the publicity over high-profile mergers that have foundered for lack of an acceptable remedy, either at the antitrust agencies or in court following an agency challenge, is the fact the agencies continue to resolve the vast majority of merger challenges by consent but are doing so with a marked increase in the use of upfront buyers.
The uptick in upfront-buyer requirements in consent orders is most pronounced in deals reviewed by the U. Department of Justicea change presaged by DOJ speeches and interviews early in the tenure of Assistant Attorney General Bill Baer, a strong proponent of upfront-buyer requirements during his tenure as director of the Bureau of Competition at the Federal Trade Commission.
Sincethe agencies have required upfront buyers in the vast majority — nearly 85 percent — of cases resolved through divestiture. In such cases, merging parties must finalize any required divestiture at roughly the same time as they consummate their own transaction.
In contrast, in post-order consents, which previously had been the norm, merging parties typically have four to six months following consummation of their transaction to divest the required businesses or assets.
With the use of upfront buyers on the rise, merging parties and their counsel should expect longer investigations, as they go through the process of finding, negotiating with and getting agency approval of their divestiture buyers — all upfront.
Historically, the FTC has required upfront buyers in certain situations to mitigate risks that there will be no acceptable divestiture buyer or that the divestiture package is subject to significant deterioration prior to sale by the merged entity.
In fact, in its most recent guide to merger remedies, published inthe DOJ devoted little attention i. As shown in the chart below, the uptick in the frequency of such buyers was particularly acute for the DOJ, which went from requiring them in only 9 percent of consents in to 71 percent of consents in The numbers for the FTC, which was already requiring upfront buyers in a majority of cases in andincreased to percent and 94 percent in andrespectively.
Across the two agencies, the use of upfront buyers increased from 33 percent of consents in to 87 percent of consents in That trend appears to be holding so far in The agencies required upfront buyers in 70 percent of the consents reached during the first half of the year.
Most significant for these purposes is the change from post-order to upfront buyers in transactions involving television and radio stations and the related advertising markets in those two telecommunications areas.
Prior tothe DOJ routinely allowed post-order divestitures of TV and radio stations — even though the divestiture packages did not necessarily represent autonomous businesses.
Nonetheless, the absolute numbers for the FTC are fairly remarkable: The agency required an upfront buyer in all but one of the 29 consents in the period. For example, in petroleum terminal mergers settled sincethe agency required an upfront buyer in one matter and a post-order buyer in another.
According to my firm's research, the average duration of significant merger investigations increased from 7. It remains so today.
Among the several issues identified for this inquiry are: In all likelihood, then, the agencies will continue taking very hard looks at proposed merger remedies and requiring upfront buyers in the majority of divestitures for the foreseeable future. There is certainly no reason to believe that the agencies will change their approach during the remainder of the current administration.
Although Bill Baer has moved on from the Antitrust Division, his successor, Renata Hesse, has given every indication that she will be just as aggressive as Baer in pursuing merger remedies.
That is, barring a significant policy change in a future administration, the DOJ will continue with the current approach of requiring such buyers in most cases as its sister agency, the FTC, has been doing for quite some time.
Given the current enforcement environment, merging parties and their counsel should keep several things in mind as they approach the agencies with any potentially problematic transaction.
As a threshold matter, it is critical to assess the likelihood that a remedy of some kind will be required to obtain clearance for a merger.
If so, parties should identify a workable remedy that will satisfy the reviewing agency and not destroy the value of the transaction in the process.Issuu is a digital publishing platform that makes it simple to publish magazines, catalogs, newspapers, books, and more online.
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