Merger Clearance

Haynes and Boone has secured clearance for mergers and acquisitions from the Department of Justice and the Federal Trade Commission for clients across diverse industries and involving competitive issues of every variety. We believe that government agencies are persuaded by clear presentations on the law, on the facts, and on the economics, and we know how to make those presentations effectively. We also work with our clients prior to making Hart-Scott-Rodino filings to anticipate any issues that might arise so that we can promptly respond to any questions from the government; our often-met goal is to resolve inquiries before they reach the “second request” stage.

We work with our clients at every stage of a potential transaction to ensure that the client’s business objectives are achieved. We know when close scrutiny is likely to occur, and how to plan for a vigorous and successful defense of the procompetitive justifications for an acquisition. We have also represented complainants in merger investigations who seek to present their concerns regarding a pending transaction to the agencies, as well as third parties who need assistance in negotiating and responding to agency subpoenas or civil investigative demands.

We have substantial experience in analyzing premerger coordination or “gun-jumping” issues and in designing programs and procedures to allow for lawful premerger planning during the regulatory review period.

Our lawyers have represented firms in a wide range of industries in merger and acquisition transactions, including aviation, banking, consumer products, energy, entertainment, food service, health care, internet, manufacturing, news media, petroleum, restaurants and telecommunications.