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Antitrust Limits on Pre-Closing Conduct in Mergers and Acquisitions

In track, a runner "jumps the gun" when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes. Here is what merging firms can and cannot do before the gun sounds.

12 minute read September 26, 2008 at 02:09 PM
By
James T. McKeown
Antitrust Limits on Pre-Closing Conduct in Mergers and Acquisitions

In track, a runner “false starts” or “jumps the gun” when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes.

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