Despite credit market turmoil and declines in deal activity, antitrust remains an important consideration in M&A transactions involving private equity buyers and sellers. The Obama administration has promised to increase the vigor and scope of antitrust enforcement in the U.S. in coming years with the recent appointments of Christine Varney (who will head the Antitrust Division at the Department of Justice (“DOJ”)) and Jon Leibowitz (who will be Chairman of the Federal Trade Commission (“FTC”)).

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