You have succeeded in getting antitrust approval of a deal from U.S. regulatory authorities, so now the deal is exempt from later antitrust challenge, right?
Not necessarily. The following explains:
- How deals cleared by U.S. regulatory authorities can be challenged by these same authorities or by private plaintiffs;
- Why deal counsel in certain transactions that raise antitrust concerns should alert their clients to possible future challenge from unhappy customers; and
- How the possibility of future challenge can be mitigated by carefully monitoring customer reactions to price increases or market restraints.
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