Competition law and m&a

  • Can mergers create unfair competition?

    A merger that eliminates a potential entrant into a concentrated market can substantially lessen competition or tend to create a monopoly. 33 The more concentrated the market, the greater the magnitude of harm to competition from any lost potential entry and the greater the tendency to create a monopoly..

  • What are the antitrust issues in M&A?

    The main antitrust issue during the review of an M&A transaction is whether the acquisition will substantially lessen competition..

  • What is the antitrust law in M&A?

    This law prohibits mergers or acquisitions whose effect may be to substantially lessen competition.
    All persons considering a merger or acquisition above a certain size must notify both the Antitrust Division and the Federal Trade Commission that they intend to transact..

  • A horizontal merger is a merger or business consolidation that occurs between firms that operate in the same industry.
    Competition tends to be higher among companies operating in the same space, meaning synergies and potential gains in market share are much greater for merging firms.
  • The main antitrust issue during the review of an M&A transaction is whether the acquisition will substantially lessen competition.
The competition rules can catch M&A deals in many and surprising ways. There are two areas of law to worry about:Merger control rules can result in deals 

Are employers entitled to protection from ordinary competition?

An employer isn’t entitled to protection from ordinary competition.
Employee noncompetition laws and practices:

  • A Massachusetts paradigm shift goes national
  • Massachusetts Law Review
  • Vol. 103, No. 2, June 2022.
    An explanation of covenants not to compete, Mass.
    Secretary of the Commonwealth (2007).
    Fair competition law, Beck Reed Riden LLP.
  • Does Massachusetts have a fair competition law?

    Fair competition law, Beck Reed Riden LLP.
    This source keeps close tabs on noncompetition law changes across the country and especially Massachusetts.
    Includes 50-state surveys, and The Changing Landscape of Trade Secrets Laws and Noncompete Laws Around the Country.

    What is the new Massachusetts noncompetition agreement law?

    On August 10, 2018, Governor Charlie Baker signed into law a bill governing noncompetition agreements.
    The new law, G.L. c. 149, S. 24L, is officially titled the “ Massachusetts Noncompetition Agreement Act .” This guide discusses the new law and provides helpful practice tips for employers.
    Does the new law apply to all restrictive covenants? .


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