Wayne Dale Collins, Lisl Dunlop, Apr 29, 2013
The allocation of antitrust risk has become an important feature of modern M&A agreements. In many strategic deals, where an antitrust challenge by one or more reviewing agencies is a meaningful possibility, the allocation of antitrust risk can be as important to each of the merging parties as the price. The failure to negotiate mutually acceptable antitrust-related provisions in a sale and acquisition agreement can mean the end of the deal even
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