Antitrust Risk-Shifting Toolkit | Practical Law
A Toolkit including resources that provide guidance on when to include antitrust risk-shifting provisions in a purchase or merger agreement and how to structure those provisions. This Toolkit identifies resources that provide an overview of the types of risk-shifting provisions, such as limits on divestitures, allocating Hart-Scott-Rodino (HSR) Act filing fees, and antitrust-related reverse break-up fees, and identifies sample provisions counsel can use in an agreement. The resources identified in this Toolkit are best used in conjunction with the What's Market Antitrust Risk-Shifting Database.