Information Exchange and Integration Planning in M&A: Antitrust

A Practice Note discussing the antitrust issues counsel should consider when advising transacting parties that exchange information during due diligence and the negotiation of a merger, acquisition, or joint venture. This Note also highlights issues to consider to help transacting parties plan for integration while avoiding violations of the antitrust laws, including under Section 1 of the Sherman Act, the Federal Trade Commission (FTC) Act, and the Hart-Scott-Rodino (HSR) Act. This Note also provides general guidelines for information exchanges that limit the disclosure of competitively sensitive information as well as integration planning guidelines.