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Antitrust Due Diligence in Acquisitions and Mergers

Commercial practices should be evaluated both for profitability and compliance with competition law. Antitrust diligence assesses market effects of a transaction and the target's historic competition-law exposure.

What to keep in mind

Review overlapping activities, market shares, contracts, industry contacts, prior investigations and deal structure.

Potential competition liabilities can affect transaction value and completion.

Distinctions often confused

Antitrust diligence complements but does not replace corporate legal diligence.

Frequently asked questions

Can a buyer inherit competition-law exposure?
The applicable liability framework and transaction structure must be evaluated.
Should antitrust issues affect transaction documents?
Yes, through warranties, conditions and appropriate risk allocation.

Informational content. It is not a substitute for professional advice.