Mergers – Litigation & Agency Advocacy
Mergers and acquisitions are a fact of business. Some mergers can change market dynamics in ways that impede competition, obstruct market entry, raise prices, restrict supply or decrease innovation. Clayton Act Section 7 [15 USC §18 ] prohibits mergers and acquisitions where the effect “may be substantially to lessen competition, or to tend to create a monopoly.”
Not all deals are subject to pre-closing government review. But private party market participants potentially effected may sue for triple damages and court orders restricting a merger; even where the government has approved a transaction, where the merger is not reviewed by the government and/or after a deal has closed.
MoginRubin attorneys have litigated numerous M&A cases and have advocated before federal and state antitrust agencies. Our team includes former government lawyers with deep experience in merger review. Some of our Mergers – Litigation & Agency Advocacy cases include the following.