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.

On April 2, 2013, the FTC announced a proposed consent order settling charges that...
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