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Legal Articles

Increased Antitrust Scrutiny
Under the Hart-Scott-Rodino Act (“HSR”), parties to certain large mergers and acquisitions must file pre-merger notification forms with the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”). The parties may not close their deal until the waiting period for review has passed, or the government has granted an early termination of the waiting period. Under the current administration, the FTC and DOJ are closely examining the antitrust implications of transactions, issuing a record number of second requests for information. Even if the deal is too small for HSR reporting or has passed initial HSR review, it is not free from antitrust scrutiny. Over the past few years, the FTC and DOJ have challenged completed transactions that were too small for HSR reporting and even deals that were not challenged during the initial HSR review.

United States | 01/18/2012

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