Deal Makers Beware: Recent Trends in U.S. Merger Enforcement

Daniel Hemli, Jacqueline Java, Oct 15, 2012

While the recovery in mergers and acquisitions activity following the global financial crisis so far has been tepid at best, antitrust merger enforcement has been taking place at an almost frantic pace. This heightened enforcement activity follows on the heels of significant developments in antitrust merger law and policy, including new Horizontal Merger Guidelines issued by the Federal Trade Commission and the Department of Justice Antitrust Division, as well as changes to the Hart-Scott-Rodino filing requirements and enforcement actions against those who violate the HSR rules. Important legal and practical lessons can be gleaned from these cases.

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