Smaller Acquisitions Getting Antitrust Scrutiny

Under the Obama administration, federal antitrust enforcers have challenged a number of deals that were too small to require reporting under the Hart-Scott-Rodino Act. The latest occurred in July when the FCC challenged a $8.7 million deal, well below the HSR threshold of $70.9 million. Consequences can be an order to divest and a forced sale under unfavorable terms. There are ways to minimize the risk.