Merger Clearance & Litigation

Latham’s merger clearance team routinely secures unconditional clearances from antitrust enforcement agencies around the world for large, complex, and high-stakes corporate transactions.

As the United States and the European Union increasingly coordinate global merger investigations, Latham’s premier US and European competition teams work seamlessly to shepherd mergers through intense regulatory scrutiny across jurisdictions. The team works closely with clients and the firm’s M&A practice to develop a sophisticated understanding of the structure and timing, business case, and practical competitive impact of each deal. The team designs strategies to get the deal done, prepares a defensible position should litigation follow, and handles every aspect of the antitrust review process, including:

• Regulatory covenants and antitrust risk assessment and allocation
• Due diligence and integration planning
• “Gun-jumping” compliance
• Merger notification clearances
• Pre-notification meetings and advocacy before authorities
• Working with expert economists as appropriate
• Defending mergers in court when necessary

Our merger clearance team helps clients anticipate, prepare for, and persuasively address questions antitrust enforcers are likely to raise about a deal. We draw on vast experience appearing before the US Federal Trade Commission (FTC), US Department of Justice (DOJ), European Commission (EC), UK Competition and Markets Authority (CMA), EU Member State authorities, and China State Administration for Market Regulation (SAMR). This experience enables us to negotiate creative solutions, and, when necessary, defend clients’ deals against adverse decisions. For the few deals that require defense in court, we call on experienced antitrust litigators with a track record that includes path-breaking victories against the FTC, DOJ, and European Commission.