Increasingly, the antitrust agencies have been challenging unreported transactions post-closing under the Clayton Act, seeking an unwinding of the transactions or at least divestitures of some of the assets purchased.

Authors: Edward B. Schwartz Karl E. Herrmann

Until recently, however, the threat that a private plaintiff would obtain a court order post-closing requiring an unwinding or divestiture has been more theoretical than real. The threat may now be more real than theoretical.

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