As high-growth companies remain private longer, many are able to raise larger funding rounds, engage in more cross-border activity and acquire new companies. Our company clients, all of which are on the cutting-edge of their industry, are also often attractive merger and acquisition targets. Disruption generates value for consumers; dynamic competition drives markets across the globe.
With these opportunities comes exposure to U.S. antitrust regulations intended to ensure robust market competition. Antitrust regulations can arise in a range of unintuitive circumstances. Therefore, our antitrust team is closely integrated with our deal teams, enabling us to more seamlessly provide clients with the proactive antitrust, Hart-Scott-Rodino (HSR) and Committee on Foreign Investment in the United States (CFIUS) counseling they need to continue to meet their objectives in a more complex economy.
Experience Counseling & Compliance Support
Our number one goal is your transaction’s success. Our team has extensive insight into the concerns and hot-button issues that motivate the Department of Justice and Federal Trade Commission to question a transaction. We will work closely with you and your deal team to address any financing terms or pre-merger issues that could trigger Hart-Scott-Rodino (HSR) or other antitrust regulation scrutiny.
And if your transaction does require compliance with HSR or other U.S. or foreign antitrust regulations, we can help you to navigate approval processes, resolve potential concerns of regulatory authorities and reduce delays to closing. Further, post-transaction, we can help you develop pragmatic, actionable compliance policies and practices. Our deep understanding of your industry also means that we can mitigate potential regulatory risks for your business today and in the future.
Foreign Investment & CFIUS Issues
For U.S. clients that operate in the U.S who receive investment from entities in selected foreign countries, they may find themselves under scrutiny from the Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee that advises the President of the United States on matters of national security.
We regularly support clients early in transactions with foreign investors and buyers to help identify whether there are CFIUS-related risks. Further, our involvement can help reduce delays in the event of a CFIUS review.
Antitrust Litigation & Enforcement
While we routinely leverage antitrust litigators from across our network of law firms to support clients with litigation and enforcement needs, we also have the capacity in-house to handle HSR pre-merger counseling, CFIUS risk assessment, and compliance planning pre- and post-transaction.
2,800+ pre-venture, venture capital and growth equity financings closed in 2022 alone
“They manage risk well and give balanced advice. Gunderson lawyers don’t use fear or intimidation to advise. Rather, they give information and risk assessment so we can make the most successful choices for our business.”
$220 billion+ in fund portfolio investments closed since 2021