Recent Private Merger Challenges: Anomaly or Harbinger?

The conventional wisdom in the antitrust bar holds that “private merger suits are unlikely to stop a merger.”1 Moreover, because of the major role played in merger enforcement by federal and state government actors, “the typical attorney client dialogue about M&A antitrust risks only rarely focuses on the possibility of private legal actions.

Kevin Hahm, Ryan Phair, Carter Simpson, and Jack Martin