Kirkland Alert Kirkland & Ellis LLP

Avoiding Antitrust Risk During Competitor Transactions

Antitrust law requires that parties to a merger or acquisition act like competitors until their deal closes.  How can companies price the deal, conduct intensive due diligence, and hold cross-company planning meetings in preparation for an immediate post-closing integration, while avoiding even an appearance of acting in concert before the deal closes?  This alert discusses the line between pre-closing information exchange and integration planning, and improper "gun-jumping."