Kelley Drye’s Mergers and Acquisitions Team consists of attorneys experienced in complex corporate transactions who represent a broad range of domestic and foreign industrial corporations and financial institutions in their M&A-related deals, which encompass an equally broad range of industries and businesses. Our attorneys maintain the capacity to staff transactions with attorneys who are fluent in more than a dozen languages and take particular pride in their ability to work closely as part of the transaction team established by our non-U.S. clients. Additionally, in providing a full service M&A practice for our clients, our team draws upon the expertise of Kelley Drye attorneys in many other practice areas to the extent required in any particular transaction.
Kelley Drye has handled the antitrust aspects of mergers and acquisitions for major multinational companies in a host of jurisdictions. We have guided a wide variety of clients through all facets of the merger process through strategic counseling, efficient filing with regulatory agencies, and effective navigation through the regulatory clearance process. Specifically, we provide counsel on initial proposals, bid packages, letters of intent, assembly and supervision of data rooms, due diligence, document preparation and negotiations. We also regularly represent clients in the acquisition of U.S.-based businesses, whether in the form of share or asset transaction or triangular merger structures, and whether taking the form of straight acquisitions or leveraged buy-outs.
Strategic Counseling
Kelley Drye utilizes a multi-disciplinary approach to counsel antitrust clients, especially in the initial stages of the merger process, by analyzing a particular industry’s structure and the feasibility of the proposed merger. We have successfully counseled numerous Fortune 500 companies through the merger and acquisition process from the initial pre-merger negotiations stage to the consummation stage that follows regulatory clearance.
Hart-Scott-Rodino (HSR) and International Pre-merger Notification
Accurate and timely filing of a Hart-Scott-Rodino (HSR) pre-merger notification with the FTC and the Antitrust Division of the DOJ is critical to the regulatory clearance process. Kelley Drye attorneys have extensive experience with HSR filings and foreign pre-merger notification guidelines, including changes in the law that may affect a transaction’s prospects for clearance. To view a complete version of Kelley Drye's Hart-Scott-Rodino Filing Sourcebook 2007, please click below.
Regulatory Clearance
Clearing the regulatory hurdles is a key point in any merger or acquisition. Our attorneys have extensive experience defending mergers facing review before the FTC and the DOJ. Anticipating the requests and expectations of the agencies, we take companies in concentrated markets through the regulatory clearance process as quickly and efficiently as possible.
Representative Experience
- Tata Coffee: Obtained clearance of acquisition of leading U.S. coffee company by leading worldwide tea and coffee manufacturer.
- Aircast Incorporated/dj Orthopedics: Obtained clearance for combination of leading manufacturers of orthopedic devices.
- Gerdau Ameristeel: Obtained clearance for combination of major steel manufacturers.
- Dixie Carpets: Obtained FTC clearance of the consolidation of carpet manufacturing businesses.
- General Mills, Inc.: Defended the acquisitions of the Pillsbury Company, Chex cereals, and Columbo yogurt; advising on distribution practices.
- Alaska State Legislature: Investigated the merger of BP/Amoco and Arco.
Back to: Antitrust / Trade Regulation
Download: Hart-Scott-Rodino Filing Sourcebook 2007 (PDF, 1.56 M)
For further information about Kelley Drye's Antitrust / Trade Regulation - Mergers and Acquisitions Practice Group, please contact:
Richard E. Donovan
(212) 808-7756
rdonovan@kelleydrye.com
William C. MacLeod
(202) 342-8811
wmacleod@kelleydrye.com
|
