Louisiana Post Acquisition Opinion
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FAQ
All persons considering a merger or acquisition above a certain size must notify both the Antitrust Division and the Federal Trade Commission that they intend to transact.
The basic statute enforced by the FTC, Section 5(a) of the FTC Act, empowers the agency to investigate and prevent unfair methods of competition, and unfair or deceptive acts or practices affecting commerce. This creates the Agency's two primary missions: protecting competition and protecting consumers.
Under the Hart-Scott-Rodino Act, the FTC and the Department of Justice review most of the proposed transactions that affect commerce in the United States and are over a certain size, and either agency can take legal action to block deals that it believes would ?substantially lessen competition.? Although there are some ...
When necessary, the FTC may take formal legal action to stop the merger, either in federal court or before an FTC administrative law judge.
Mergers are transactions involving the combination of generally two or more companies into a single entity. The need for shareholder approval of a merger is governed by state law. Typically, a merger must be approved by the holders of a majority of the outstanding shares of the target company.
Essentially, you could create one new legal entity and transfer the appropriate assets and programs to that entity. By the end, there would be two separate legal entities with their own assets, essentially ?undoing? the merger.
Once the parties have certified that they have substantially complied with the request, the investigating agency has 30 additional days (10 days in the case of a cash tender or bankruptcy transaction) to complete its review of the transaction and take action if necessary.
For effective merger enforcement, the FTC may seek a preliminary injunction to block a proposed merger pending a full examination of the proposed transaction in an administrative proceeding.
