Antitrust merger reviews have become a growing priority around the world. In many jurisdictions, a national-level review is mandatory and suspensory, meaning that a transaction cannot be finalized until the review is complete. The U.S. regime applies to a range of investor activity (including minority investments), making it crucial that parties assess early whether a filing is required to ensure potential risks are properly calibrated and allocated in the governing agreements.
This latest issue of Morrison Foerster’s Sovereign Investor Insights series explores the merger review process with emphasis on the United States, explores the application of potential exemptions, and considers its impact on investment transactions.
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