Transcription of Gun-jumping: Antitrust Issues Before Closing the Merger
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Gun-jumping: Antitrust Issues Before Closing the Merger
Gun- jumping : Antitrust Issues Before Closing the Merger Richard Liebeskind Partner, PILLSBURY WINTHROP LLP. Washington, Presented to ABA Section of Business Law, Antitrust Committee ABA Annual Meeting San Francisco, California August 8, 2003. What is gun- jumping ? Gun- jumping is the term used by the federal Antitrust agencies (the Antitrust Division of the Department of Justice and the Federal Trade Commission) to refer to a variety of actions that merging parties might enter into prior to Closing to facilitate the Merger and expedite the integration of the While the government acknowledges that most mergers are motivated by efficiency concerns and are pro-competitive,2 the government has nonetheless warned that premature integration Before the Merger closes might lead to civil or even criminal Antitrust enforcement.
8 The FTC m ight pursue a si mlar clai as a violat on of Secti n 5 of the FTC Act, 15 U.S.C. § 45, which prohibits unfair methods of competition. While the FTC can proceed under Section 5 to challenge anticompetitive conduct that violates the Sherman Act, its authority to challenge conduct that does not violate the Sherman Act is limited
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