Antimonopoly Law Considerations and Risk Management in Connection with M&A Transactions - Assessing Competition Risks in Acquisitions



Allocation of antitrust risk is an issue that frequently arises between parties in mergers or acquisitions that raise potential antitrust concerns.

• Motivations of the buyer and the seller are the same:

- the buyer wants to minimize seller interference with:

(i) a timetable; and

(ii) decision to offer remedies.

- the seller wants to ensure that:

(i) deal can be done as soon as possible; and

(ii) remedies are provided in accordance.

- Antitrust lawyers play an essential role in the transaction process.

They should:

- advise the client on substantive antitrust issues raised by a proposed


- prepare required antitrust notifications; and

- obtain the requisite antitrust approval.

In This Presentation:

I. Preliminary phase: Risk assessment of the transaction

II. Transitional phase

III. Post-closing phase

Please see full presentation below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Orrick, Herrington & Sutcliffe LLP | Attorney Advertising

Written by:


Orrick, Herrington & Sutcliffe LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.