Business Law

Exclusive Dealing: A Complete Guide to Exclusive Distribution and Antitrust Law Exclusive dealing is a business arrangement in which one party agrees to purchase, sell, distribute, or otherwise deal primarily or exclusively with another party. These arrangements are common in ordinary commerce. A manufacturer may appoint one distributor for a Read more

Bid Rigging: A Complete Guide to Collusive Bidding and Antitrust Law Bid rigging is one of the clearest examples of unlawful collusion in antitrust law. It occurs when competitors agree in advance to manipulate a competitive bidding process so that a particular company will win, a particular price will be Read more

Price Fixing: A Complete Guide to Antitrust Law, Cartels, and Unlawful Price Agreements Price is one of the most important dimensions of competition. Businesses compete by offering lower prices, better quality, improved service, innovative products, favorable terms, or some combination of these factors. In a competitive market, each business generally Read more

Antitrust Law and Business Competition: A Complete Guide to Competition, Monopolies, and Anticompetitive Conduct Competition is one of the foundations of a market economy. Businesses compete for customers, employees, investment, suppliers, distribution networks, and market share. Competition can encourage businesses to reduce prices, improve quality, develop new products, innovate, and Read more

Mergers and Shareholder Approval: A Complete Guide to Corporate Merger Votes A merger can fundamentally change the ownership, structure, assets, liabilities, and future of a corporation. Although directors generally manage the corporation’s affairs, certain mergers require shareholders to approve the transaction before it can become legally effective. This creates an Read more

Tender Offers: A Complete Guide to Corporate Takeovers, Shareholder Rights, and Securities Law A tender offer is one of the most important mechanisms through which an investor or company can attempt to acquire a substantial ownership interest in a publicly traded corporation. Instead of negotiating privately with the target company’s Read more

Hostile Takeovers A hostile takeover occurs when an acquiring company or investor attempts to gain control of a target company without the support of the target company’s board of directors. Unlike a negotiated acquisition, where the buyer and target generally work together to structure the transaction, a hostile takeover attempts Read more

Letter of Intent in M&A A Letter of Intent (LOI) is a preliminary document in which parties to a proposed business transaction describe the principal terms on which they are considering proceeding. In mergers and acquisitions (M&A), a Letter of Intent is often used before the parties negotiate and sign Read more

Asset Purchase vs. Stock Purchase When one company acquires another business, one of the first and most important legal questions is: Is the buyer purchasing the company’s assets, or is the buyer purchasing the company’s stock? The distinction may sound technical, but it can fundamentally change the legal consequences of Read more