Thursday, March 13, 2014

Moot Merger Filing and Review Competition

Could one create such a thing for law students?

Team A:  FTC.  Team B:  merging parties.

Create and file HSR documents.  Review HSR documents and create investigation plan.  White paper submission.  Second request.  Papers for TRO/preliminary injunction.

The competition would start in late August, when everybody (acting as Team B) would work up their HSR documents.  The interactive portion would take place over the December/January holiday period to approximate the realities of (1) a short time clock and (2) late-year filings.

Competition organizers would need to create mock deal documents and mock hearing transcripts.

The challenge would be to make it sufficiently interesting and realistic to be worth the candle.

Why?  We all need more experiential opportunities for law students.  And I want to increase the variety of antitrust offerings, at least here (but I imagine others have a similar interest).



  1. Sounds interesting. This wold be a much more formal version of the 4 class merger simulation I do in antitrust every year with a pending merger this year Comcast-Time Warner Cable. It is a far greater form of active learning than merely plodding through the cases from Brown Shoe up through H&R Block.

  2. Yes -- that is the idea, but make it an inter-school program like moot court.

    I'm still hoping to see your notes one day regarding that simulation.

  3. Yes need to write that up in some form. Not sure when that is going to happen though. Really like your idea. Let's talk off line about doing this. Lot of work on an annual basis.

  4. I have a bankruptcy colleague who runs the Duberstein Moot Court competition. It's a wonderful program. It eats him up, though . . .