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DAMITT 2024 Annual Report: Merger Enforcement at Low Tide on Both Sides of the Atlantic, but 2025 may Bring a Sea Change

United States - 2024 ended with 17 concluded significant merger investigations, the second-lowest total in DAMITT’s 14-year history, behind only the record-low 12 concluded in 2023 also under the Biden administration....more

Global Regulatory Headwinds: PE Firms Prepare for Increased Antitrust Oversight

66% of PE firms globally expect increased scrutiny from antitrust, FDI and other regulatory authorities to have a negative impact on their dealmaking plans over the next 12 months. Rising regulatory scrutiny continues to...more

DAMITT Q3 2024: Tricks and Treats in Merger Enforcement

We had previously questioned whether the new approach to Article 22 EUMR followed by the EC would herald a new era in EU merger control, leading to an increased number of deals being reviewed, and more importantly an...more

Illumina/Grail: EU Court overturns approach to “killer acquisitions”

In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...more

DAMITT Q2 2024: Abandonments Dominate the Podium in Merger Enforcement

The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more

DAMITT 2023 Annual Report: Minding the Gap in Merger Enforcement

Only 12 significant merger investigations concluded in 2023—a drop of 40 percent from just last year and by far the lowest in DAMITT history. This observed and verifiable drop sharply contrasts with recent reports that...more

DAMITT Q3 2023: Merger Control Is a Marathon, Not a Sprint

United States - All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Four of the last five quarters have now concluded without any consent agreements, demonstrating the...more

DAMITT Q2 2023: When Avoiding Settlements, Does Merger Enforcement Settle for Less?

All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Three of four quarters over the last year have now concluded without any consent agreements, demonstrating the agencies’...more

DAMITT 2022 Annual Report: Timing and Remedy Risks Grow for Transactions Hit with Significant Investigations

Sixty percent of significant investigations concluded with a complaint or abandoned transaction in 2022. This shatters last year’s record of 37 percent. The 10 complaints filed in 2022 are also a DAMITT record. Those are...more

DAMITT Q2 2022: Is Merger Enforcement Taking a Conservative Turn?

In both our DAMITT 2021 Report and our Q1 2022 Report, we warned that parties to transactions subject to significant merger investigations were more likely to see the FTC or DOJ sue to block their deal or push them to abandon...more

DAMITT Q1 2022: Significant Merger Investigations Face Steeper Hurdles to Settlement

In the U.S., “significant” merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions for which the result of the investigation by the Federal Trade Commission (FTC) or the Antitrust Division of the...more

DAMITT 2021 Report: Merger Investigation Activity Sinks More Deals

The number of significant U.S. merger investigations concluded in the first year of the Biden administration was in line with the average observed during the Trump administration....more

DAMITT Q3 2021: Where’s the Wave? No Uptick Yet in Significant Merger Enforcement Activity

Key Facts - United States - Dechert has yet to see an increase in concluded significant U.S. merger investigations despite a surge in merger filings that began in the fall of 2020. Instead, we continue to see a decrease in...more

DAMITT 2020 Report: Antitrust merger enforcement trends amid the pandemic, U.S. elections and Brexit

The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP’s Antitrust/Competition practice reporting on trends in significant merger control investigations in the United States...more

DAMITT Q3 2020: Trump/Biden U.S. Election Antitrust Preview; End of Brexit Transition Period in Sight

The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more

DAMITT Q2 2020: COVID-19 Doesn’t Deter Antitrust Merger Review on Either Side of the Atlantic

....The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more

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