• Mergers & Acquisitions: The Earlier, the Better
  • March 7, 2005 | Author: Jeffrey F. Paulsen
  • Law Firm: Dykema Gossett PLLC - Bloomfield Hills Office
  • Martindale-Hubbell posed the following question to provide a variety of views on this important topic:
    What steps in a merger or acquisition ensure a company avoids liability under U.S. and international competition laws?

    Understanding how the ongoing company manufactures, sells and/or distributes products and involving those with experience in international acquisitions, mergers and U.S. and international trade laws during due diligence greatly enhances corporate counsel's ability to identify risk and minimize liability in structuring and operating the business. Companies must be aware of U.S. and international export laws, bilateral or multilateral trade-related agreements, customs and border protection laws, antitrust or business combination laws, IP-related laws and the potential impact of the Foreign Corrupt Practices Act.