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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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.

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