Integration Planning: Antitrust Considerations

Summary

This practice note discusses the antitrust issues that arise during integration planning and how you can seek to avoid common pitfalls. Parties entering into a transaction agreement typically want to start planning for the combined company's operations as soon as possible—both to ensure a smooth transition and to realize any efficiencies from the merger as quickly as possible. While planning for integration is permissible under the antitrust laws, there are restrictions on actual implementation of integration prior to closing.