Pre-Merger Negotiations and Due Diligence

Republication:Avoiding antitrust pitfalls during pre-merger negotiations and due diligenceBy: Holly Vedova, Keitha Clopper, and Clarke Edwards, Bureau of Competition, FTCMarch 20, 2018 https://www.ftc.gov/news-events/blogs/competition-matters/2018/03/avoiding-antitrust-pitfalls-during-pre-merger?utm_source=govdeliveryInformation sharing: Hart-Scott-Rodino Act: Competition: Merger: Pre-merger: Antitrust: FTC:Most antitrust practitioners are attuned to advising clients about the antitrust risk that a proposed acquisition may violate Section 7 of the Clayton Act. But counsel and clients must also be conscious of the risks of sharing information with a competitor before and during merger negotiations—a concern that remains until the merger closes.Companies considering acquisitions, mergers, or joint ventures typically have a legitimate need to access detailed information about the other party’s business in order to negotiate the deal and implement the merger. But some…

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