Mergers and Acquisitions: Antitrust Issues

Available in Bloomberg Law: In the search box enter: "understanding the antitrust issues"

Serves as a reference guide to antitrust case law, antitrust guidelines, relevant policies and speeches, and consent decrees. Covers the substantive analysis applied to transactions, including market definition and measurement; possible coordinated and unilateral effects arising from a transaction; potential mitigating factors, efficiencies, and defenses; joint ventures and vertical and conglomerate mergers; international transactions; and judicial relief and remedies.

Serves as a reference guide to antitrust case law, antitrust guidelines, relevant policies and speeches, and consent decrees. Covers the substantive analysis applied to transactions, including market definition and measurement; possible coordinated and unilateral effects arising from a transaction; potential mitigating factors, efficiencies, and defenses; joint ventures and vertical and conglomerate mergers; international transactions; and judicial relief and remedies.

Focuses on the strategic decisions that executives, parties, and their counsel must make at key junctures in the merger process. Includes an overview of non-U.S. merger regress; the role of the states and regulatory agencies in merger review; discovery of electronic materials; use of economists; and agency, administrative, and injunction challenges. Covers the review process from the prefiling stage through possible nonlitigation resolutions to an agency challenge; coordination of multijurisdictional review; investigations of transactions not subject to Hart-Scott-Rodino notification requirements; and the steps the reviewing agency, parties, and counsel may take.

Provides a basic overview of the U.S. antitrust procedural and substantive requirements governing mergers and acquisitions.

Comprehensive guidance on the premerger notification provisions and the myriad regulations surrounding the Hart-Scott-Rodino Act, covering: jurisdictional requirements of the Act; exemptions from the Act's coverage; notification and waiting period procedures; preparation of the notification and report form; realistic compliance methods; changes in requirements enacted by Congress and promulgated by the FTC; and enforcement actions taken by the FTC and DOJ. Appendices include the complete statute, new and revised Rules, the Statements of Basis and Purpose that accompany the Rules, a summary of the Second Request process, the Annual Reports to Congress, and pertinent Formal Interpretations.