With the proliferation of financial technology used by consumers and merchants to conduct everyday transactions, financial institutions, tech unicorns, and start-ups alike are more eager than ever to integrate the next generation of fintech into their products and services. Fintechs vying for position can find themselves at a confluence of complex deals and transactions.
While it may be tempting to prioritize business objectives in a competitive, fast-paced market, the lessons learned from startups turned "Big Tech" of generations-past should serve as a reminder that antitrust risk can be a byproduct of collaborations in a dynamic technology sector. From M&A, to joint ventures, and exclusive deals, fintechs of all sizes can face real exposure to antitrust liability.
Here we offer fintech in-house counsel a simple guide for issue-spotting antitrust risk, juxtaposing basics about the law with perspectives unique to fintechs. Keep the "cheat sheet" handy when you're thinking about the next deal or transaction!