Mitigating Antitrust Risks In Nonreportable Transactions

Law360 (February 14, 2018, 1:06 PM EST) -- There has been a flurry of antitrust challenges of nonreportable transactions since President Donald Trump’s inauguration, more than doubling the annual rate of challenges of such transactions during the last four years of the Obama administration. To easily manage these antitrust risks, deal makers should include antitrust as a key diligence item before coming to terms on transactions that do not require a Hart-Scott-Rodino Act filing.

Since Trump took office, the Federal Trade Commission and the U.S. Department of Justice have challenged five transactions in which...
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