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Premerger Notification For Cooperative Transactions

Law360 (June 2, 2009, 12:00 AM EDT) -- The current uncertain business environment appears to have re-popularized minority share acquisitions and other forms of cooperative transactions (including joint ventures) that allow the parties to explore new business opportunities and share the risk of failure with others.

From an antitrust perspective, cooperative transactions primarily raise questions under Section 1 of the Sherman Act (and possibly Section 7 of the Clayton Act) and comparable statutes in other jurisdictions.

One potentially thorny issue is the need for premerger notification in the United States and abroad. The identification...
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