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Antitrust Advisory: HSR "Gun-Jumping" Nets Parties $1.8 Million Penalty



4/28/2006

In a situation where the Department of Justice found no reason to challenge a merger on substantive antitrust grounds, the buyer was forced to pay a $1.8 million penalty because it had contractually given itself the right to approve basic, day-to-day business dealings of the seller during the merger waiting period.

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