Pre-Deal Antitrust Due Diligence: The Benefits of an Overlap Analysis

Look before you leap. That is good advice for many things in life, including entering into a risky antitrust transaction. Given the aggressiveness of the antitrust agencies in reviewing deals and the HSR pre-merger process, it may be wise to analyze how an investigating agency may view a specific deal. Otherwise, you may end up with a surprised and unhappy client.      

As antitrust deal counsel, review our detailed How to Do an Antitrust Overlap Analysis practice note, with step-by-step instructions, on how to recreate the agencies’ structural Merger Guidelines analysis and our other materials on dealing with antitrust risk in deals in Practical Guidance - Antitrust: Mergers and Acquisitions. The practice note also offers general advice on how deals may be changed to avoid or mitigate antitrust risk.

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