This session provided guidance on the shifting environment for competition reviews in the United States, Europe, and other jurisdictions. The participants commented on specific deal terms that anticipate protectionist views and antitrust challenges associated with nascent competition risk and the merits of negotiating prospective remedies or remaining silent.

In the last few years, additional protectionist pressures are clearly straining the corporate development process as far as timing and risks, but a better understanding of this area is now being woven into the corporate development process. 

In a series of discussions that took place during the recent M&A Conferences at Wharton San Francisco, the University of Chicago, and at Fordham Law New York the corporate faculty explored a range of innovative deal terms and...