Pub K
Antitrust Risk-Shifting Provisions in M&A Agreements
Cahill – The transaction agreement for mergers and acquisitions has a critical role in allocating the antitrust risk between the buyer and the seller. Government contractors contemplating a transaction should assess the risk of prolonged antitrust review or a challenge, carefully consider their objectives for the transaction first, and then advocate for provisions that meet these goals. In this article, Cahill counsel Lauren Rackow discusses the context in which antitrust risk arises in mergers and acquisitions and how the transaction agreement can allocate that risk between buyers and sellers.