News & Analysis as of

Private Equity Mergers Antitrust Division

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Blocks Tapestry/Capri ‘Affordable Luxury’ Deal, but Court Applies Traditional Horizontal Merger Analysis

On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael Kors. ...more

Morrison & Foerster LLP

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

Morrison & Foerster LLP on

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

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

Goodwin on

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

Dickinson Wright

Ramping Up: Antitrust Enforcement in Health Care

Dickinson Wright on

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

Skadden, Arps, Slate, Meagher & Flom LLP

FTC-DOJ Inquiry on Serial Acquisitions: Cracking Down on PE Roll-Ups?

On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more

Bass, Berry & Sims PLC

Court Dismisses “Roll-Up” Lawsuit against Private Equity Firm in Blow to FTC

Bass, Berry & Sims PLC on

On May 13, a federal district court in Texas dismissed private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) from an antitrust lawsuit filed by the Federal Trade Commission (FTC). The lawsuit, which was...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

McDermott Will & Emery on

The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

A&O Shearman

Antitrust in focus March 2024

A&O Shearman on

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Thomas Masterman, partner based in London, is our editor this month. He has selected: Out now: our latest global...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate Trends and Financing - March 2024

Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms With antitrust and other regulators scrutinizing mergers more closely, it is crucial for companies to negotiate terms to mitigate and...more

Goodwin

Antitrust & Competition Healthcare Year in Review 2023

Goodwin on

2023 saw a significant uptick in antitrust scrutiny and enforcement, particularly in the healthcare space. After much rhetoric and a setback in challenging state Certificate of Public Advantage (COPA) laws, the Federal Trade...more

Faegre Drinker Biddle & Reath LLP

Antitrust Scrutiny of Private Equity in Health Care Intensifies

In recent years, federal and state antitrust agencies have been increasingly focused on the impact of private equity involvement in the health care sector. Two recent developments in March 2024 reinforce that this heightened...more

Vinson & Elkins LLP

2023 Chemicals & Energy Antitrust Report

Vinson & Elkins LLP on

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

A&O Shearman

What the U.S. Department of Justice’s new M&A safe harbor policy means for PE firms

A&O Shearman on

On October 5, 2023, Deputy Attorney General, Lisa Monaco, announced a new safe harbor policy for voluntary self-disclosures made in the mergers and acquisitions context. The safe harbor policy will apply Department-wide and...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

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

Skadden, Arps, Slate, Meagher & Flom LLP

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge

Key Points - - New draft merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm. - Proposed changes to HSR notification will make...more

Axinn, Veltrop & Harkrider LLP

PE Firms on FTC and DOJ's Naughty List?

The FTC and DOJ have continued their efforts to take action against private equity firms for engaging in serial acquisitions (so-called "roll-ups"). The agencies claim that these deals increase prices and degrade quality for...more

Sheppard Mullin Richter & Hampton LLP

FTC Sues Private Equity Firm and Anesthesiology Practice for Antitrust Violations

On September 21, 2023, the Federal Trade Commission (FTC) sued Welsh, Carson, Anderson & Stowe (WCAS) and U.S. Anesthesia Partners, Inc. (USAP), in the Southern District of Texas, alleging the two companies “[e]xecuted a...more

Latham & Watkins LLP

Enforcement of “Interlocking Directorates” Accelerates With DOJ-Announced Resignations and FTC Consent Agreement

Latham & Watkins LLP on

Companies should take a proactive approach as US antitrust agencies continue to enforce Section 8 of the Clayton Act. The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) Antitrust Division (the...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ and FTC Propose a New Playbook for Merger Reviews

The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more

WilmerHale

Proposed Changes to HSR Notification Form Would Intensify Scrutiny on Private Equity Funds: Some Thoughts on What to Expect and...

WilmerHale on

As described in our Client Alert of July 6, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) proposed on June 27, 2023, a massive overhaul of the Hart-Scott-Rodino Act (HSR) pre-merger notification...more

Sheppard Mullin Richter & Hampton LLP

Hot Antitrust Enforcement Climate Reaches Private Equity

Antitrust enforcement has been heating up over the last few years in several areas – notably in healthcare and labor. As the antitrust climate intensifies and spreads, private equity (PE) firms are starting to feel the heat,...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 1

The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading...more

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