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Series 79: M&A, Tender Offers & Restructuring
Series 79 practice questionmediumHart-Scott-Rodino Act

Which of the following actions would constitute “gun-jumping” under HSR regulations?

  1. AMaking a pre-merger public announcement
  2. BExercising operational control over the target prior to clearance✓ Correct answer
  3. CFiling HSR forms prior to executing a definitive agreement
  4. DDiscussing post-merger integration plans
Explanation

Why BExercising operational control over the target prior to clearance

Gun-jumping occurs when the buyer assumes control prematurely. The trap is confusing simple communication or planning with legally impermissible conduct.

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