Merger Clearance

Based in the major financial centers throughout the United States and Europe, Latham & Watkins secures unconditional merger clearances for complex and high-stakes transactions around the world.

Why Latham

Securing Regulatory Clearances for Challenging, Strategic Deals

Transactions over a certain size require that companies and investors first obtain clearances from antitrust enforcement agencies around the world. Latham helps to secure those approvals while protecting clients’ commercial interests, with a team that fully understands their businesses, transactions and the antitrust review process.

As the United States and the European Union increasingly coordinate their global merger investigations, companies need a firm that is highly skilled in securing clearances on both sides of the Atlantic and in coordinating with other jurisdictions. With premier US and European teams working seamlessly together, the firm helps clients secure unconditional clearances for transactions receiving close regulatory scrutiny.

One-Stop Merger Shop

Latham’s Antitrust & Competition Practice provides clients with a tightly integrated, global platform for securing antitrust, competition and other regulatory clearances. The team works closely with clients and the firm’s M&A Practice and industry groups to develop and deploy a deep understanding of the structure and timing of the deal, the business case, the industry and the practical competitive impact. The team designs strategies to get the deal done and handles every aspect of the antitrust review process, including:

  • Regulatory covenants and antitrust risk assessment and allocation
  • Due diligence and integration planning
  • “Gun-jumping” compliance
  • Merger notification clearances
  • Pre-notification meetings and advocacy before authorities
  • Working with expert economists as appropriate
  • Defending mergers in court when necessary

Effectively representing clients involved in merger clearances involves anticipating, preparing for and addressing any questions antitrust enforcers may raise about the deal. Skilled in dealing with enforcement authorities from the US Federal Trade Commission (FTC) and the US Department of Justice (DOJ) to the European Commission (EC) and other authorities in Member States, Latham lawyers negotiate creative solutions, and, when necessary, defend clients’ deals against decisions to block a transaction. For the few deals that require defense in court, the firm offers a deep, experienced bench with a track record that includes path-breaking victories after full trials on the merits against the FTC and DOJ.

Awards & Rankings

  • Latham Ranked Among Top Two Antitrust Practices Globally - June 02, 2019
  • Two Latham Litigators Honored Among Notable Women Competition Professionals - April 02, 2019
  • Global Antitrust & Competition Practice Earns Top Rankings across Multiple Categories in Latest GCR 100 Report - January 17, 2019
  • Global Competition Review Recognizes New York Antitrust Practice - January 17, 2019
  • Merger Clearance Partner Named Antitrust Trailblazer - November 06, 2018
Building upon previous recognition for performing “multijurisdictional merger magic,” Latham’s mergers team again ranked in the top 10 of the GCR 100 Global Elite – Mergers category, with the guide calling out the firm for being “especially strong” in closing “massive” deals. – Global Competition Review GCR100 2016

Media Coverage

National Law Journal Antitrust Trailblazers: Michael EggeLatham & Watkins Promotes FourTop Women Lawyers 2018: Karen Silverman

News

Latham Achieves US Antitrust Clearance for TMK in its Sale of IPSCO to TenarisLatham & Watkins Antitrust Team Advises Cision on US$2.74 Billion Acquisition by Platinum EquityLatham & Watkins Advises EssilorLuxottica in Acquisition of Hal Optical Investments B.V.'s 76.72% Interest in GrandVision

Thought Leadership

Guide to Acquiring a US Public CompanyAntitrust Clearance: Keeping Your Deal on TrackVertical Restraints in Two-Sided Markets after Ohio v. Amex