Navigating Your Transaction through the U.S. Antitrust Agencies

As industries continue to consolidate, antitrust review has become a top concern for in-house counsel and outside counsel advising corporate executives on mergers and acquisitions. Understanding the procedures employed by the FTC and DOJ in reviewing transactions has become increasingly important in advising business clients. This one-hour program is designed for counsel who want to gain a comprehensive view of how to navigate a transaction through the U.S. antitrust enforcement process. We will discuss the effect of antitrust risk shifting provisions in merger agreements, the basic HSR rules, what the U.S. agencies look for in reviewing transactions, the Second Request process and how to avoid "gun jumping" while coordinating the transaction and preparing to integrate. You will gain knowledge of basic antitrust concepts including market concentration, market power, horizontal merger analysis and practical advice to ensure that you fully understand the antitrust review process for your next transaction.

Join Gerald Stein, a former attorney with the Bureau of Competition at the Federal Trade Commission and currently Senior Counsel in the Antitrust and Competition Group of Norton Rose Fulbright US LLP, as he explains the manner in which transactions get reviewed by the U.S. antitrust agencies and how best to advise and counsel your clients through the process.

Learning Objectives:

1. Examine the process of U.S. antitrust merger review
2. Develop strategies to maximize clearance of your deal and reduce the risk of antitrust enforcement
3. Identify how best to counsel your clients through the antitrust regulatory process