In an article for The National Law Journal, White & Case partner Rahul Rao discussed recent state premerger notification laws and the impact that states' adoption of the Uniform Antitrust Pre-Merger Notification Act may have on the M&A process.
Rahul stated that the Uniform Act "will possibly lead to more enforcement, but enforcement was already happening." He explained that "States often partner with the federal agencies to challenge mergers, but more state attorneys general have been investing in antitrust law enforcement recently," adding that state adoption of the Uniform Act "is part of that broader trend."
Rahul described the Uniform Act as a "substantive material change in the law, because it is putting the state in position of early notice to do something" if the Federal Trade Commission and US Department of Justice decline to challenge the legality of a merger proposal.
Read the full article here.
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