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Acquisitions Antitrust Division

A&O Shearman

Antitrust in Focus - October 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Roxane Hicheri (counsel based in Paris) and Mark Steenson (counsel based in London) are our editors this month. They...more

BCLP

FTC Announces New Premerger Notification Form

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On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger...more

Bracewell LLP

FTC Finalizes Major Rewrite of HSR Filing Requirements

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Last week, the Federal Trade Commission (FTC) voted unanimously to issue a final rule that implements significant changes to the Hart-Scott-Rodino (HSR) premerger notification form and accompanying instructions. While the...more

Sheppard Mullin Richter & Hampton LLP

The FTC Adopts New Premerger Notification Rules Implementing the Hart-Scott-Rodino (HSR) Act

The wait is over! On October 10th, the Federal Trade Commission (FTC) unanimously approved the first significant revisions to the Hart-Scott-Rodino (HSR) Act premerger notification regime since its inception over 40...more

BakerHostetler

FTC Unveils Sweeping Modifications to HSR Merger Notification Form

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The Federal Trade Commission’s (FTC) Final Rule mandates the adoption of new, expanded Hart-Scott-Rodino (HSR) forms and the creation of a public comment portal for pending transactions. The new HSR forms will become...more

Morrison & Foerster LLP

FTC Adopts Final HSR Rules, Substantially Expanding M&A Filing Requirements for Parties

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On October 10, 2024, the U.S. Federal Trade Commission (“FTC”) voted 5-0 to adopt new Hart-Scott-Rodino (“HSR”) rules, which will substantially expand filing requirements for parties when the new rules go into effect. The...more

A&O Shearman

Antitrust in focus - September 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. James Webber (partner based in London) and Jess Bowring (counsel based in London) are our editors this month. They...more

Skadden, Arps, Slate, Meagher & Flom LLP

Uptick in the Value of Megadeals and Sponsor Transactions Signal a Further M&A Rebound

Aggregate global M&A deal value is up significantly in 2024 (even though deal volume is down), driven in large part by the announcement of megadeals in the U.S., and reflecting an appetite for dealmaking in the medium term....more

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q2 2024

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In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more

Venable LLP

Event in Review: Antitrust in Healthcare: The Good, the Bad, and the Ugly

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Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Under Biden: Taking a Closer Look at the Numbers

Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

White & Case LLP

EU top court delivers a blow to the European Commission’s approach on Article 22 below-threshold referrals

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The Court of Justice of the EU (the Court) has overturned the General Court’s judgment in Illumina/Grail, effectively putting an end to the EC’s revised Article 22 policy approach for below-threshold mergers. Under this...more

ArentFox Schiff

DOJ, FTC, DOL, and NLRB Join Forces and Announce Memorandum of Understanding on Labor Issues in Merger Investigations

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On August 28, the US Department of Justice (DOJ) Antitrust Division, which enforces the US antitrust laws including the Sherman Act and Clayton Act, and the Federal Trade Commission (FTC), which enforces the Federal Trade...more

A&O Shearman

U.S. DOJ Seeks Rare USD3.5 million “Gun Jumping” Penalty For Alleged Pre-Closing Conduct In Violation Of Hart-Scott-Rodino Act

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On August 5, 2024, the United States Department of Justice filed a rare gun jumping civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against a global sports and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Navigating Inbound M&A in India: An Overview

The inbound M&A landscape in India has been experiencing a significant surge of global interest over the past couple of years. While M&A activity globally has cooled, India has emerged as a destination of choice for companies...more

A&O Shearman

U.S. DOJ seeks rare $3.5 million “gun jumping” penalty against Legends Hospitality for pre-closing conduct in connection with its...

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On August 5, 2024, the United States Department of Justice (“DOJ”) filed a rare[1] gun jumping[2] civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against Legends...more

McDermott Will & Emery

Antitrust M&A Snapshot | Q2 2024

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UNITED STATES - - Agencies Revisiting Consummated Mergers - What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more

A&O Shearman

Antitrust focus on private equity funds and serial acquisitions

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Until relatively recently, private equity buyers were viewed as largely benign. Where antitrust regulators expressed concerns with private equity buyers, it was generally in the context of them being viewed as sub-optimal...more

Dickinson Wright

Ramping Up: Antitrust Enforcement in Health Care

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Originally published in Healthcare Michigan, Volume 41, No. 6 - It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is...more

WilmerHale

Antitrust Division’s Implementation of the Department of Justice’s Safe Harbor Declination Policy - A Policy in Search of a Fact...

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The Antitrust Division of the Department of Justice quietly made a change to its Leniency Policy and Procedures (the “Leniency Policy”) that could impact companies acquiring businesses or companies that they discover may have...more

Epstein Becker & Green

Agencies Seek Information on Serial Acquisitions

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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) launched a public inquiry seeking information concerning serial acquisitions and roll-up strategies....more

Holland & Knight LLP

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

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District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … the U.S. DOJ’s Safe Harbor Policy and What the Antitrust Division Requires

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In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct...more

Fenwick & West LLP

Nearly One Year After Proposed HSR Rulemaking, Still No New Rules: What Should Companies Considering M&A Activity Expect?

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Last summer, on June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice (DOJ), unveiled proposed new rules governing implementation of the Hart-Scott-Rodino Act’s (HSR) premerger...more

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