Antitrust laws can impact all potential M&A transactions, so
it is important to understand the likelihood of a government
challenge early on when considering a deal. In some cases, that
antitrust review can be done in the blink of an eye, as it is clear
that a transaction causes no concerns. In other cases, transactions
that appear to create significant antitrust problems are actually
doable deals. Each case needs to be evaluated, and experienced
antitrust counsel should be consulted for any transaction that may
raise antitrust issues.
Companies that have well-developed corporate development/M&A
functions likely have people within both the legal department and
corporate development organization who are familiar with the
antitrust overlay for their transactions. However, personnel change
over time makes it inevitable that some of the key players in
transactions will have limited or no antitrust experience. This
article is intended to provide some key introductory
