FAQs For 3rd Parties In Gov't Merger Suits Amid Pandemic

This is the scenario: You, an in-house counsel, see that the U.S. Department of Justice, Antitrust Division, or the Federal Trade Commission has sued to block a merger between two companies in your industry. Only a few weeks later, you receive a document or deposition subpoena from one of the parties. How do you respond? What is your involvement likely to be going forward?

When the government sues to block a merger on antitrust grounds, it is common for third parties to the transaction to become involved. Both the government and the merging parties seek documents, data and testimony from third parties such as customers, competitors, suppliers and other industry participants.

This process can be frustrating for third parties, who are forced to devote time, energy and money to a matter in which they may have no interest. Adding to the pressure, the merger litigation process is lightning-fast, with trials typically beginning three to five months from the filing of the complaint.

Moreover, the COVID-19 pandemic and resulting financial dislocations have pushed many in-house counsel to manage their matters even more efficiently than they already were doing. With the government promising continued active antitrust enforcement through the pandemic, here are tips companies can use to effectively and efficiently resolve common issues that arise in merger litigation.

Antitrust/competition senior associcate Brian Rafkin provides tips companies can use to efficiently resolve common issues that arise in merger litigation.

Read, "FAQs For 3rd Parties In Gov't Merger Suits Amid Pandemic."