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Expert Analysis

Altering 4(C) Documents May Land You In Jail

Law360, New York (May 17, 2012, 1:02 PM EDT) -- A senior executive of a Korean manufacturer of Automated Teller Machines recently agreed to serve a five-month prison sentence in the United States for tampering with business documents during the Hart-Scott-Rodino review of the proposed acquisition by his employer, Hyosung Corporation, of one of its U.S. competitors.[1] The case is an important reminder of the significance of pre-existing documents in HSR merger review and sends a strong signal to the business community that the U.S. antitrust agencies view unobstructed access to responsive party documents as a lynchpin of the integrity of the merger review process....

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