S H E A R M A N & S T E R L I N G L L P | 2 9
MERGER CONTROL
In a number of jurisdictions, antitrust
authorities may challenge consummated
mergers even when the parties were not
required to report those deals in the first
instance or where the parties reported the
deals, but the authorities did not initiate
challenges after their pre-closing review.
This article identifies some examples of
merger challenges in these circumstances
and other antitrust risks that arise with
nonreportable mergers, and discusses
lessons parties should draw from the
antitrust authorities' enforcement practices.
Continued overleaf
RISKS FOR
CONSUMMATED
DEALS EVEN
WHERE NO
NOTIFICATION
REQUIREMENTS
BY DJORDJE PETKOSKI, WILLIAM HAUN AND CAROLINE PRÉEL
