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Richard J. Lambert was named by Best Lawyers® as a 2021 Corporate Law “Lawyer of the Year.”

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Honeywell merger approved — with stipulations


While mergers and acquisitions may seem like common business transactions, they are complicated. In particular, publically traded mergers can be extremely complex business transactions. Depending on the specific merger, businesses may be subject to business regulations and government approvals. Despite the particular regulations, mergers can be extremely important business tools that help New Jersey businesses grow.

Recently, the $600 million merger between New Jersey based Honeywell International and Intermec was approved by the Federal Trade Commission’s Bureau of Competition. Intermec is a company that makes retail barcode scanners, identification readers for radio frequencies and other similar items. The merger between the two companies had been approved by Intermec’s shareholders in March, but could not be completed until the companies had received all the necessary governmental approvals.

In June, the companies received approvals from the necessary regulators in the European Union. Now, U.S. regulators have agreed to the merger, but have stipulated the agreement. The merger can only be completed if the company licenses certain bar code technology to an Italian company — Datalogic IP TECH — for the next 12 years. These licenses should give Datalogic the ability to break into the U.S. markets and should give Honeywell enough competition to avoid violating federal rules on monopolies.

Adding licensure requirements to a merger agreement is just one way to ensure compliance with federal regulations. As this case shows, mergers can be difficult and complex and may require legal maneuvering in order to be closed. However, with the right help, they can also provide New Jersey companies with the perfect way to expand their company and consolidate competitors.

Source: Reuters, “U.S. puts conditions on Honeywell’s Intermec purchase,” Ros Krasny, Sept. 13, 2013

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