Merger Filings & Investigations

The Firm's antitrust and competition lawyers are particularly experienced in handling multi-nation mergers and joint ventures before the US antitrust agencies. These transactions often present complex issues relating to market definition, anticompetitive effect and efficiencies.  

Merger notifications are increasingly required in multiple jurisdictions for a single transaction. As competition authorities in different jurisdictions increasingly share information and coordinate enforcement, it is important to ensure consistency in submissions and arguments presented to enforcement agencies worldwide. To maximize our clients’ likelihood of success worldwide, our lawyers around the world typically work together to coordinate acquisition strategies and regulatory submissions. 

Our lawyers counsel clients during every aspect of a  merger, acquisition, or joint venture. We analyze the antitrust implications of a particular transaction to determine whether and in what countries pre-merger or post-merger filings are required and help our clients to anticipate the relevant competition authority’s approach to the transaction. When warranted, we advocate our client’s position with memoranda or oral presentations submitted in conjunction with a pre-merger filing. On occasion, this may require that we consult with our in-house economists or retain outside expert economists to assist in the development of arguments to present to the enforcement authorities.

Most merger transactions reported pursuant to the Hart-Scott-Rodino Act are not challenged by the enforcement agencies. Firm lawyers have an excellent record of responding successfully when substantive questions arise by answering the agencies’ questions informally, by negotiating with the reviewing agency’s staff to resolve problems in a manner that meets the business needs of our clients, by restructuring the transaction, when appropriate, or, when other measures fail, by aggressively defending our clients in litigation. Members of our antitrust practice group have represented clients in merger investigations involving such industries as specialty chemicals, automotive products, computer hardware and software, office equipment, health care, industrial pumps and blowers, natural gas,  radio broadcasting, paper, pharmaceutical products, telecommunications, TV home shopping, and writing instruments.