Is a client contemplating the acquisition of a competitor? U.S. and foreign antitrust agencies have investigated and challenged mergers among competitors in high-tech industries in the past, and will continue doing so for the foreseeable future. These investigations generally have taken six to 12 months to resolve, cost thousands of dollars to defend and too often have concluded with substantial divestitures and other equally unpalatable remedies.
To avoid a long, costly merger investigation, company management should consider carefully the antitrust implications of a transaction involving a competitor before they commit to the deal.
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