Private Antitrust Merger Litigation on the Rise

March 29, 2012

Recent developments serve as a reminder that private litigation challenging proposed and consummated M&A transactions, though infrequent and often unsuccessful, do continue to arise and in fact appear to be on the incline.  Whether they are filed before or after the transaction is consummated, such suits can create additional uncertainty and additional burdens on the merging parties.  It therefore pays to be alert for situations posing a somewhat higher risk of private merger suits and to stay abreast of relevant trends. 

Sean Royall and Adam Di Vincenzo of Gibson Dunn are co-authors of the attached article, "When Mergers Become A Private Matter:  An Updated Antitrust Primer," which examines a range of recent private merger challenges brought by competitors, customers, and acquisition targets.  In addition to summarizing the legal aspects of these cases, the authors provide practical pointers on how to prepare for and deal with private merger litigation, should it arise. 

Reprinted with permission from Antitrust, Vol. 26, No. 2, Spring 2012.  © 2012, the American Bar Association.