Peter Boberg, Kenneth Merber, and Hartmut Schneider, Law360, July 2014
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Ardent Mills vividly illustrates that counsel and economists advising on mergers involving undifferentiated manufactured products must be familiar with capacity closure analysis, which is becoming an increasingly important economic tool. How does the capacity closure model work? What are its benefits and limitations? And how does one identify cases in which capacity closure could become an issue and prepare for capacity closure analysis during the merger review?