If the prose of dealmakers or consultants in such reports has been hyperbolic, it could attract regulatory scrutiny by the FTC or the DoJ, the lawyers fear. The authors of third-party reports "need to understand that what they write down is going to be discovered by the agencies," says Robins. "They have to be careful to write accurately and not say things like 'this is a great transaction because we're going to be able to screw consumers' or whatever."
New Merger Rules: Boon or Bane?
(continued)
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