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Expert Analysis

Ancillary Transaction Provisions Need Antitrust Review

Law360, New York (April 11, 2013, 12:41 PM EDT) -- Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction — and those provisions often do not get a hard look by antitrust legal advisers when the transaction is not reportable under the Hart-Scott-Rodino Antitrust Improvement Act of 1976. As the Federal Trade Commission's most recent merger case demonstrates, those ancillary provisions can come back to haunt the parties....

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