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Mergers, Acquisitions & Governmental Agencies

Complex transactions require prompt, insightful advice from counselors with deep understanding of substantive merger law and keen insight into the antitrust enforcement agencies and their procedures. The Kaye Scholer M&A antitrust team, which includes veterans from the Federal Trade Commission ("FTC") and U.S. Department of Justice ("DOJ"), can shepherd transactions through the regulatory process while minimizing risks and costs.

Creative and Successful Solutions to Difficult Issues

In recent years, we have helped clear deals in the communications, consumer products, defense, entertainment, Internet, pharmaceutical and tobacco industries. These successes in many instances not only surprised commentators, but also involved devising novel solutions for achieving business objectives. For example, Kaye Scholer helped craft the first-ever IPO divestiture. Our lawyers are repeat players before the antitrust enforcement agencies, and understand how to reduce regular burdens and achieve success. Our practice before the competition authorities also extends to advocacy for firms confronting transactions that threaten their business objectives as well as representation of third parties in government investigations.

A Strategic Partner For Transaction Planning

We work closely with clients to gain a deep understanding of their business objectives and help devise transaction structures that achieve those objectives. We help navigate the complex Hart-Scott-Rodino ("HSR") pre-merger reporting requirements, provide thorough yet rapid up-front substantive advice on the antitrust issues that proposed transactions may present, help structure information exchanges between partners during due diligence and integration planning, counsel on structuring antitrust "risk sharing" and walk-away rights, and coordinate related regulatory review — for example, at the Department of Defense or Department of Transportation — before the U.S. antitrust enforcement agencies.

An International Practice

Our M&A clients often are non-U.S. entities, and we frequently coordinate worldwide antitrust filings for multinational transactions. Our Frankfurt and Shanghai offices provide support for transactions, including due diligence and other activities that support competition law review. We also regularly team with other law firms on a transaction to create a "virtual" firm, forming a multinational team to provide the client with the right mix of the precise talents needed for each particular transaction.

A Deep and Experienced Team

We have more than 40 years' experience in handling antitrust M&A matters. Our antitrust M&A practice includes lawyers who served for years at the FTC and DOJ, as well as counselors with years of experience successfully obtaining clearances for transactions before those agencies. Our lawyers are leaders of the antitrust bar. They frequently speak, write, and teach on M&A-related antitrust topics, and have particular experience in antitrust issues involved in private equity and cross-border M&A transactions. Our M&A team also includes experienced litigators and authorities on international antitrust. Our ability and willingness to litigate antitrust matters, when necessary, contributes to our record of success.

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