Mergers and Acquisitions/Hart-Scott Rodino

AV&H's mergers and acquisitions practice is led by some of the nation's most experienced and respected antitrust lawyers.  AV&H's track record of obtaining unconditional clearance of combinations of significant rivals has buttressed AV&H's reputation as a "go to" firm for important strategic mergers and acquisitions.  AV&H combines its extensive experience before the Antitrust Division and FTC with its ability to develop and present sophisticated econometric arguments to obtain clearance of mergers and acquisitions that at first blush raise insurmountable difficulties.

AV&H has obtained antitrust clearance for some of the most significant transactions in recent years, including Cingular Wireless's acquisition of AT&T Wireless, Omnicare's acquisition of Neighborcare, Movie Gallery's acquisition of Hollywood Video, and GameStop Corp.'s acquisition of Electronics Boutique. We have represented numerous clients before the United States, Canadian, European Union and state antitrust authorities, and have successfully obtained clearance for transactions in a broad range of industries, including book and newspaper publishing, financial services, telecommunications, Internet-based industries, cable television, metal alloys, oil refining, accounting services, pharmaceuticals, retail stores, computer software, biochemical, hand tools and medical devices. AV&H also routinely represents clients opposing mergers and acquisitions proposed by other firms.

In addition, AV&H is one of the few firms ever to have successfully litigated a merger case against the Antitrust Division.  In United States v. SunGard Data Systems, AV&H obtained a judgement on the merits rejecting the Antitrust Division's bid to block SunGard's acquisition of the business continuity assets of its rival Comdisco Inc.  United States v. SunGard Data Systems, 172 F. Supp.2d 172 (D.D.C. 2001).

AV&H regularly counsels companies, investment funds and other organizations regarding filing obligations under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act").  AV&H senior partner Stephen Axinn co-authored the leading treatise on the HSR Act, Acquisitions Under The Hart-Scott-Rodino Antitrust Improvements Act.

AV&H also regularly counsels U.S. clients on the international issues raised by potential mergers and acquisitions.  AV&H has relationships in place with leading firms in all nations that have active antitrust merger review regimes.


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