Take Control Of The M&A Process

A firm contemplating a merger must consider not only the potential anti-competitive effects of the deal, but also whether the merger process itself could result in antitrust liability, writes Freeborn & Peters attorney Jeffery Cross, in a Today’s General Counsel column. He looks at three aspects of the M&A process that can generate antitrust risk. The first two are sometimes called “gun jumping.” The third may be considered an essential part of due diligence – the exchange of confidential information. Counsel can avoid these risks, he says, by aggressive and proactive management.