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
The EU Foreign Subsidies Regulation (FSR) took effect in July 2023. It aims to regulate subsidies granted by non-EU countries to ensure that they do not distort competition in the EU internal market. For dealmakers, it is...more
2/29/2024
/ Acquisitions ,
Antitrust Division ,
EU ,
Filing Requirements ,
Foreign Subsidiaries ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
International Trade ,
Investment ,
Investors ,
Mergers ,
Regulatory Agenda ,
Regulatory Requirements
Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more
2/28/2024
/ Acquisitions ,
Anti-Competitive ,
Competition Authorities ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Foreign Subsidiaries ,
Investment ,
Member State ,
Mergers ,
Private Equity Funds ,
Threshold Requirements
The FTC revises the jurisdictional and filing fee thresholds annually based on the change in gross national product. The FTC also revises filing fees annually based on changes to the consumer price index under Division GG of...more
1/25/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) recently issued the Hart-Scott-Rodino Annual Report for Fiscal Year 2022 (the Report). Covering the...more
The U.S. federal government is facing a possible shutdown beginning this Sunday, October 1, 2023. Congress has until September 30, which marks the end of the fiscal year, to enact appropriations for government agencies and...more
10/2/2023
/ Acquisitions ,
Antitrust Division ,
CFIUS ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Deadlines ,
Foreign Investment ,
Funding ,
Government Shutdown ,
Investment ,
Merger Controls ,
Mergers ,
U.S. Treasury
On September 21, 2023, the Federal Trade Commission (FTC) filed a groundbreaking complaint in federal court against PE fund Welsh Carson and its portfolio company, U.S. Anesthesia Partners (USAP), making good on its promise...more
9/26/2023
/ Acquisitions ,
Antitrust Division ,
Business Litigation ,
Class Action ,
Federal Trade Commission (FTC) ,
FTC Act ,
Portfolio Companies ,
Private Equity Firms ,
Private Equity Funds ,
Private Funds ,
Section 7 ,
Section 8 ,
The Clayton Act
Navigating the international foreign direct investment (FDI) landscape is becoming ever more complex. In 2022 we saw a proliferation of new FDI regimes, a stream of revisions to existing rules and unprecedented levels of...more
Europe’s exposure to the war in Ukraine has hit its syndicated debt markets hard. The flow of funds will return – but in the meantime sponsors are pursuing ever-more complex deals to create value....more
Antitrust authorities remained highly active in 2020, despite the pandemic reducing overall global M&A, according to our latest annual survey of global merger control enforcement trends across 26 jurisdictions....more
The Federal Trade Commission (FTC) has announced increases to the notification thresholds under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act, which requires pre-merger notification of certain transactions to the FTC...more
The U.S. Federal Trade Commission ("FTC") and the U.S. Department of Justice’s Antitrust Division ("DOJ") recently issued their Hart-Scott-Rodino Annual Report for Fiscal Year 2017 (the "Report"). The key takeaways from the...more
We have collected and analysed data on merger control activity for 2015 from 16 jurisdictions, focussing on the U.S., EU and China, pulling out key trends aswell as practical differences. The results are insightful and, in...more