Prepare For Antitrust Risk In Nonreportable Transactions


Jon Dubrow, Karl Herrmann and Carla Hine wrote this bylined article about a recent Department of Justice action that broke up a joint venture and imposed a rarely used disgorgement remedy to recover profits from the defendants. “This case demonstrates the aggressive posture the antitrust agencies are taking to challenge and impose harsh remedies upon transactions that are not reportable under the Hart-Scott-Rodino Act,” the authors wrote, adding that it means companies must adequately prepare for the HSR Act’s antitrust implications for nonreportable transactions.