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The top U.S. antitrust enforcer has told Reuters that so-called acquihires, whereby firms - notably in the technology sector - pay large sums in deals with startups to take their technology and talent, but stop short of formally acquiring the target, are a “red flag.” Acting Assistant Attorney General Omeed Assefi said: "When I see conduct that appears aimed to circumvent [the formal merger review process], as a litigator, as an enforcer, that's more of a red flag to me than if you had just participated and complied [with the review process]." Assefi said companies should be willing to engage in the merger review process.
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