Reviewing M&A Agreements for Antitrust Issues Checklist

Summary

This checklist provides guidance on antitrust provisions in merger and acquisition agreements ("M&A agreement" or "agreement"). M&A agreements typically contain provisions that allocate the underlying antitrust risk between the buyer and seller and identify the antitrust and competition law approvals required for the transaction. This checklist outlines the antitrust and competition law related provisions you should look for or include in a typical M&A agreement and discusses the key considerations for these provisions. Of course, no checklist can account for all facts and circumstances or contract provisions, so each agreement should be considered carefully with counsel.