When To Tip Your Merger's Antitrust Hand To DOJ

Law360, New York (August 30, 2013, 2:00 PM EDT) -- The lawyers were stuck. Dechert LLP, advising Buckeye Technologies Inc., wanted assurances that its potential buyer, Georgia-Pacific Corp., would be willing to sell Buckeye's North Carolina factory if antitrust officials required it as a condition to approving their $1.5 billion merger.

Georgia-Pacific's lawyers at Latham & Watkins LLP were understandably nervous. Naming specific assets calls attention to problem areas and tells regulators that if they ask for a particular concession, they're guaranteed to get it.

But Buckeye insisted, according to the description of negotiations in the...
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