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.
- 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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Topics: Acquisitions, Ancillary Agreements, Cartels, Competition, EU, Filing Deadlines, Fines, Indemnification, Notice Requirements, Purchase Agreement, Risk Management, Successor Liability, Warranties
Published In: Antitrust & Trade Regulation Updates, International Trade Updates, Mergers & Acquisitions Updates
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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