Big Law Litigators Raise Concerns About State Premerger Notification Laws

Ryan Quillian’s commentary was included in a Law.com article exploring the Uniform Antitrust Pre-Merger Notification Act and how its adoption by a handful of states places greater scrutiny on proposed mergers and acquisitions and puts companies at greater risk of facing civil litigation and penalties.

Ryan notes that state attorneys general can always partner with outside counsel to bolster a state’s antitrust enforcement capacity. “One thing we have seen the states do is contract with private firms to investigate or bring litigation on the state’s behalf,” he said. “That may be one avenue they can take to address the resource concern.”

“The Uniform Act does not require any coordination among the states,” Ryan added. “It really increases the burden and imposes additional costs on companies that are trying to engage in transactions.”