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Review And Challenge Of Unreported Deals

Law360 (January 7, 2009, 12:00 AM EST) -- Recently, the Antitrust Division of the U.S. Department of Justice and the Federal Trade Commission each brought suit in federal court seeking to undo previously completed transactions that had not been subject to the mandatory reporting and waiting period requirements of the Hart-Scott-Rodino Act (HSR Act).

In each case, the agency asks the court to order the acquirer to sell the assets it purchased in an effort to restore the competition allegedly lost as a result of the transaction.

The FTC's complaint also seeks disgorgement of...
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