Antitrust Issues in Acquisitions, Mergers, and Joint Ventures

Acquisitions, mergers, and joint ventures can raise both procedural and substantive antitrust issues. Procedural issues can arise because these transactions may require pre-merger notification filings with the Federal Trade Commission (FTC), Antitrust Division of the United States Department of Justice (DOJ), the European Commission (EC), and other foreign competition bureaus. A failure to file the necessary notification forms not only can delay your closing but, if the transaction closes prior to the filing, could subject your company to significant fines.

From a substantive antitrust perspective, early involvement of Foley’s Antitrust attorneys allows us to help you assess the transaction and the potential responses of antitrust enforcement agencies. With a proactive plan that addresses potential antitrust concerns and voluntarily provides relevant information to the federal enforcement agency, you may be able to resolve questions raised by the agency without the delay and expense of responding to a Second Request. In addition, we can counsel you on integration planning and “gun-jumping” issues that can help you prepare to execute quickly to achieve your desired synergies as soon as possible after the deal closes.

Should your competitors or suppliers be considering transactions that could have anticompetitive consequences for you, we can help you assess the antitrust issues, identify evidence, and present the material to the FTC, DOJ, or applicable state or foreign antitrust authority.