Avoidance devices won’t avoid HSR penalties
By: Marian Bruno, Bureau of Competition | Nov 14, 2019 5:30PM
The Commission and Department of Justice’s recent case against Canon Inc. and Toshiba Corporation for violating the Hart-Scott-Rodino Antitrust Improvements Act makes an important point: restructuring a deal to avoid or delay an HSR filing may subject the merging companies to substantial penalties if the restructured transaction still results in an acquisition by the A side.
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