Heightened Regulatory Scrutiny: Preventing Antitrust Pitfalls During M&A Due Diligence

Amidst regulatory efforts to pay closer attention to antitrust concerns in both the United States and the European Union, parties to potential M&A transactions must be especially mindful of antitrust pitfalls. It is critical that parties avoid inappropriate information sharing, carefully craft transaction documents to prevent antitrust violations, and consider joint defense or common interest privilege arrangements. Explore these M&A due diligence concerns in this timely practice note.

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Related Content

• Due Diligence Resource Kit
  Browse practice notes, templates, checklists, and other resources related to due diligence in M&A transactions.

• Information Sharing Guidelines
  Use this template to guide your client’s instructions to employees on best practices so that the parties’ interactions during M&A due diligence—particularly exchanges of information—do not constitute an unlawful agreement in restraint of trade under Section 1 of the Sherman Act.

• Clean Team Agreement
  Check out this template when establishing the acquiring party’s clean team to protect competitively sensitive information.

• Common Topics of Review in M&A Due Diligence
  Review this comprehensive guidance for an overview of common due diligence matters, or focus on the topics relevant to your M&A transaction.

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