Prior Approval and Prior Notice Antitrust Risk-Shifting Provisions | Practical Law
An Article discussing risk-shifting provisions negotiated in private acquisition and public merger agreements following the Federal Trade Commission's (FTC) renewed practice of requiring prior approval provisions in all merger enforcement consent orders for future transactions involving the same relevant markets. This Article also discusses prior notice provisions, which require the parties to notify the FTC or the Department of Justice (DOJ) about future transactions in the same relevant markets even if ordinarily not reportable under the Hart-Scott-Rodino Act. This Article discusses the use of prior approval and prior notice provisions in FTC and DOJ merger consent decrees since the FTC renewed its prior approval practice. It provides examples from Practical Law's Antitrust Risk-Shifting Database and from its Federal Merger Enforcement Action Database.