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.

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