This article focuses on the antitrust (competition) issues that can arise in US mergers and acquisitions (M&A) transactions, for which certain U.S. government agencies exercise oversight, what must be done to obtain their approval for those transactions to close, and the direction of government policy on antitrust M&A review, which has shifted under the Biden administration from a decades-long relatively “hands-off,” tolerant, laissez-faire policy to a markedly more interventionist, activist policy, which all dealmakers must be aware of and account for in planning and structuring their transactions. Following the discussion are “Deal Points” on important considerations in the purchase or sale of a business: what to do, and what at all costs not to do.
Author: Owen D. Kurtin
This article was originally published on the website of Kurtin PLLC in September 2022.