Antitrust Compliance in M&A: Due Diligence, Pre-Merger Communications, Conduct Prior to Closing
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will examine antitrust issues which can arise throughout key points of an M&A transaction. Panel discussion will include best practices for avoiding antitrust scrutiny during due diligence and pre-merger negotiations; antitrust provisions to include in the merger agreement; how to determine whether an antitrust filing is necessary; and conduct to avoid prior to regulatory approval and closing.
- Antitrust laws against information sharing: Clayton Act and Sherman Act
- Enforcement agencies: Antitrust Division of the U.S. Department of Justice (DOJ), U.S. Federal Trade Commission (FTC)
- Due diligence: competitively sensitive information
- Pre-merger negotiations and communication
- U.S. Antitrust, as well as other jurisdictions, filings
- Permitted conduct from execution of agreement through closing
The panel will review these and other critical issues:
- What kinds of information are considered “competitively sensitive information” for antitrust purposes?
- How should merging parties handle the pre-signing due diligence and pre-closing planning processes to avoid antitrust scrutiny?
- How should the parties determine when a filing is necessary?
- What kinds of actions and communications are permitted between the parties before closing?