Publications

Buyer Beware: Consummating Non-HSR Reportable Transactions May Prove Costly in the End

Winter 2007
ABA Antitrust Litigator

Parties to a merger or acquisition that is not reportable under the Hart-Scott-Rodino Antitrust Improvement Act (HSR Act") sometimes assume they will not have substantial antitrust exposure from the transaction. That is anything but the case. Although non-HSR reportability does significantly increase the odds that a transaction will not be subject to a government enforcement action or private litigation, ironically this "free pass" to closing ultimately may leave the parties - and in particular the buyer - with increased antitrust exposure.