How To Deal With Post-Consummation Challenges

Law360, New York (August 20, 2013, 12:30 PM EDT) -- On July 22, 2013, the Federal Trade Commission challenged Solera Holdings’ acquisition of Actual Systems of America Inc. (ASA), a competing provider of software used by the automotive recycling industry. The transaction, which closed in May 2012, had not been subject to review under the report-and-wait provisions of the Hart-Scott-Rodino Act (HSR) because its value, $8.7 million, fell below the then-effective “size of transaction” threshold, now $70.9 million. Nevertheless, the FTC challenged the deal, resulting in a consent decree that forced Solera to divest all of...
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