• United States v. Computer Associates: Valuable Guidance on Pre-Merger Activity (Gun Jumping)
  • June 3, 2003 | Author: William R. Vigdor
  • Law Firm: Vinson & Elkins LLP - Washington Office
  • In the United States, pre-merger due diligence, information exchange and coordination, or "gun jumping," may violate the Sherman Antitrust Act and pre-merger waiting periods of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, ("HSR Act"). These laws prohibit firms from combining or "transferring beneficial ownership" prior to the termination of the statutorily prescribed waiting periods.