failing firm defence
C2CEFR level
93/100Rarity: very rare
TechnicalRegister
An argument that an otherwise problematic merger should be cleared because the target would exit the market absent the deal.
The failing firm defence failed because a less anti-competitive purchaser was available.
Rarity runs from 0 (a word everyone knows) to 100 (almost never seen outside specialist or literary writing). Level is the word's real difficulty on the CEFR scale, from A1 to C2.
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