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Lauren Rackow Publishes “Antitrust Risk-Shifting Provisions in M&A Agreements” for Lexis Practical Guidance

Date: 02/15/23

The transaction agreement for mergers and acquisitions has a critical role in allocating the antitrust risk between the buyer and the seller. Counsel and parties should assess the risk of prolonged antitrust review or a challenge, carefully consider their objectives for the transaction first, and then advocate for provisions that meet these goals. The parties should also review the transaction agreement in its totality and remain cognizant of the interaction of the relevant provisions in the agreement. Antitrust counsel should always be consulted when drafting and negotiating these provisions.

In a new article for Lexis Practical Guidance, counsel Lauren Rackow discusses the context in which antitrust risk arises in mergers and acquisitions, and then goes on to explain how the transaction agreement can allocate that risk between buyers and sellers.

Antitrust Risk-Shifting Provisions in M&A Agreements.pdf (pdf | 193.42 KB )