News & Analysis as of

Horizontal Mergers

Baker Botts L.L.P.

FTC Announces Dramatic Changes to Premerger Notification Rules

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On October 10, 2024, the U.S. Federal Trade Commission (“FTC”), with the concurrence of the U.S. Department of Justice (the “Agencies”), announced the most significant changes to the Premerger Notification Rules since the...more

Axinn, Veltrop & Harkrider LLP

FTC Finalizes Long-Awaited HSR Overhaul

The long-awaited new HSR rules and Form have been released. They go into effect in approximately 90 days (mid-January), unless blocked by a federal judge. Companies engaging in M&A now face increased burdens compared to the...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

Goodwin

Antitrust and Competition Life Sciences Quarterly Update Q2 2024

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To date, 2024 has not yet seen the type of mega-merger (Pfizer/Seagen) or level of agency enforcement (Sanofi/Maze or Amgen/Horizon) as 2023. But two notable investigations — one still active — show the Federal Trade...more

Vinson & Elkins LLP

Antitrust and AI Issues Continue to Mold Corporate Landscape

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Antitrust issues have cut deeply into the corporate landscape, and this year is shaping up for more of the same. Generative artificial intelligence, merger enforcement, and trial risks stand out as three of the most important...more

Patterson Belknap Webb & Tyler LLP

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more

Stevens & Lee

Analysis: How the FTC and DOJ Final Merger Guidelines Impact on Health Care System Mergers

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In prior posts, we discussed the draft, updated merger guidelines that had been issued by the Federal Trade Commission and the Department of Justice (sometimes referred to as the “Agencies”) in July of last year. At that...more

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

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2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

Alston & Bird

Federal Antitrust Enforcers Publish 2023 Final Merger Guidelines: A Reflection of Heightened Enforcement

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Our Antitrust Team examines finalized guidelines from the Department of Justice and Federal Trade Commission that set forth more aggressive standards for horizontal and vertical M&A transactions....more

Cooley LLP

What Dealmakers Need to Know

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As a capstone on the Biden administration’s aggressive 2023 antitrust enforcement, the Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued revised Merger Guidelines before the holidays, replacing the...more

Morrison & Foerster LLP

M&A in 2023 and Trends for 2024

M&A activity in 2023 was subdued, as dealmakers grappled with geopolitical tensions, inflation, rising interest rates, and increasing regulatory scrutiny, against a backdrop of general economic uncertainty. Challenges in the...more

TransPerfect Legal

An Expert Look at the 2023 Merger Guidelines

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Last month, the United States Department of Justice (DOJ) and Federal Trade Commission (FTC) issued the 2023 Merger Guidelines, a draft of which was published in July. During TransPerfect Legal’s Antitrust Clearance & Merger...more

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

Dechert LLP

U.S. Antitrust Agencies Finalize New Merger Guidelines Intended to Reinvigorate Merger Enforcement

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The Merger Guidelines lower the market concentration threshold for the presumption that a merger is illegal. Deals that place combined market shares above 30 percent with a significant increase in concentration are...more

Paul Hastings LLP

Public Company Watch: December 2023

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In the December Public Company Watch, we cover key issues impacting public companies, including a preview of the SEC’s latest regulatory agenda, an update regarding the Fifth Circuit vacating the SEC’s share repurchase rules,...more

Morrison & Foerster LLP

DOJ and FTC Finalize New Merger Guidelines – What You Need to Know

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On December 18—nearly two years after announcing plans to revise the Merger Guidelines—the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (together, “the Agencies”) issued a final version of their new...more

Vinson & Elkins LLP

FTC and DOJ Release New Merger Guidelines

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On December 18, 2023, the Federal Trade Commission and U.S. Department of Justice (the “Agencies”) jointly released new Merger Guidelines (the “Guidelines”), setting forth the analytical framework the Agencies will use to...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Antitrust

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge The DOJ and FTC continue to pursue an aggressive merger enforcement agenda with new merger guidelines and filing requirements....more

Hogan Lovells

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

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It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

Goodwin

Antitrust & Competition Technology Quarterly Update - Q2 2023

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Antitrust enforcers remained active across the globe, with the announcement by the FTC and DOJ of proposed guidelines that have an emphasis on tech mergers in the United States, and several investigations of major tech deals...more

Jones Day

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

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In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

King & Spalding

FTC and DOJ Announce New Draft Merger Guidelines

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vOn July 19, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), released draft merger guidelines for public...more

Husch Blackwell LLP

Healthcare Industry Faces Heightened Antitrust Scrutiny Under New Merger Guidelines, HSR Rules

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Consistent with the Biden Administration’s whole-of-government approach to address perceived consolidation in a variety of industries, including in the healthcare industry, the Federal Trade Commission (FTC) and U.S....more

Latham & Watkins LLP

The DOJ and FTC Draft Merger Guidelines: Key Takeaways

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The draft guidelines for applying US antitrust laws to merger investigations depart from prior guidance and seek to roll back decades of legal precedent on merger enforcement. Competitive effects analyses are out;...more

Amundsen Davis LLC

Federal Antitrust Agencies Propose New Guidelines for Review of M&A Transactions

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The Federal Trade Commission and Department of Justice recently proposed drafts of new Merger Guidelines for their review and approval of mergers and acquisitions, with the intent of responding to the realities of the modern...more

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