Kirkland Alert Kirkland & Ellis LLP

Avoiding Pre-Closing Antitrust Risk in Transactions with Competitors

Antitrust law requires that parties to a merger or acquisition remain and act like separate entities – and continue to compete – during the pre-closing Hart-Scott-Rodino Act (HSR) review process, through to the closing of the deal.  This presents business challenges beyond the legal issues as to what can be shared, and when?