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Merging railroad tracks, Risks for Consummated Deals Even Where No Notification Requirements

Aug 14, 2019

Risks for Consummated Deals Even Where No Notification Requirements

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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.

Read this chapter in Shearman & Sterling’s 2019 Antitrust Annual Report, “Risks for Consummated Deals Even Where No Notification Requirements.”

Authors and Contributors

Djordje Petkoski

Partner

Antitrust

+1 202 508 8083

+1 202 508 8083

Washington DC

William Haun

Associate

Antitrust

+1 202 508 8056

+1 202 508 8056

Washington DC

Caroline Préel

Associate

Antitrust

+32 2 500 9887

+32 2 500 9887

+32 2 500 9800

+32 2 500 9800

Brussels