Business Antitrust Advising

Helping Clients Address and Resolve Potential Antitrust Challenges

HMBR is committed to providing clients with the proactive and preventative counsel they need to avoid antitrust problems and challenges.  We understand the highly regulated and competitive environments our clients operate within and look to develop innovative strategies that position their organizations for success both today and into the future.  Whether we are advising a client on a potential joint venture arrangement or working with a client to complete a complex merger or acquisition, our attorneys are well-equipped to help clients in the healthcare, education and restaurant industries, as well as others, address antitrust risks and other legal issues that may stand in the way of their business opportunities.

Hart-Scott-Rodino Clearances

When a merger or acquisition may require clearance from the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice, we get involved at the earliest possible stage in the process. Our lawyers have a firm understanding of the procedures for obtaining Hart-Scott-Rodino clearances and we make certain that our clients are laying the foundation to gain approval from these authorities, should the scope of their transaction trigger such an approval. We carefully advise clients on how to properly structure the language in their business presentations, emails and all other correspondence, recognizing that these communications will likely need to be disclosed should Hart-Scott-Rodino clearance become necessary.  Our lawyers also collect and submit all the documents needed to file for clearance and, should the government reject the request, we are prepared to aggressively challenge the matter in court.

Structuring and Executing Business Deals and Transactions

Our attorneys work jointly with investment bankers, private equity firms and other advisors to prepare offering summaries to secure potential suitors for proposed deals and transactions.  When a buyer is identified, we prepare and negotiate the memorandum of understanding on the transaction and draft the relevant definitive agreements.   Once the agreements are signed, our team works to secure all regulatory approvals, including approvals involving licensed facilities such as health care entities as well as approvals related to the sale and transfer of charitable assets.  When these approvals are secured, we work with our clients to close the transaction and make sure that the assets and membership interests are properly transferred.

Antitrust Compliance Programs

Beyond working with clients to accomplish mergers, acquisitions and other strategic alliances, our attorneys also assist clients with the development and implementation antitrust compliance programs.  These programs are designed to give our clients the tools and training they need to proactively identify and address potential antitrust issues within their organizations.