Traditionally, private equity firms were seen as benign investors from an antitrust perspective. This is changing. In the past 12 months, PE-funded acquisitions have faced progressively more rigorous scrutiny by antitrust...more
2/28/2024
/ Antitrust Division ,
Department of Justice (DOJ) ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investment ,
Investors ,
Merger Controls ,
Private Equity ,
Private Equity Firms ,
UK ,
UK Competition and Markets Authority (CMA)
Global deal value and volume fell again in 2023, down 33% and 18% respectively compared to 2022. This is unsurprising, given persistently tough macroeconomic conditions and geopolitical tensions. Dealmakers are also facing an...more
2/28/2024
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Australia ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Merger Controls ,
UK ,
UK Competition and Markets Authority (CMA)
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 July 19, 2023, the Federal Trade Commission and Department of Justice Antitrust Division announced sweeping changes to how they review deals. The agencies published new “Merger Guidelines” that identify the competition...more
7/24/2023
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Merger Agreements ,
Merger Controls ,
Regulatory Reform
As we look ahead to the second half of 2023, the outlook for M&A remains complex. In the six months to the end of June, global deal value stood at USD1.2 trillion, around one-third of last year’s annual total.
...more
On June 27, 2023, the FTC announced a notice of proposed amendments to the premerger filing requirements under the Hart-Scott-Rodino (HSR) Act....more
We have collected and analysed data on merger control activity for 2022 from 26 jurisdictions. We give you the key trends and developments from the past year, focusing in particular on the EU, UK, U.S. and China.
...more
The Consolidated Appropriations Act of 2023 includes significant changes affecting large M&A transactions and deals involving certain foreign entities. The Act would also give state attorneys general additional control over...more
The DOJ Antitrust Division is amplifying the Biden Administration’s whole-of-government approach to antitrust enforcement by seeking cooperation from enforcers outside the U.S....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
Pandemic-induced lull in M&A activity drove down the number of reportable transactions by 21.6% in FY2020, though preliminary monthly figures for FY2021 have quickly climbed and surpassed pre-pandemic levels.
...more
Throughout his campaign and since taking office, President Biden promised to increase and expand antitrust enforcement. After months of speculation about what form this promise would take, the direction of antitrust agenda,...more
The inauguration of Joe Biden as President of the United States has set in motion a number of significant policy changes. In this panel discussion, our U.S. legal and policy specialists shared their insights on what our...more
3/10/2021
/ Anti-Corruption ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Big Tech ,
CFIUS ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Foreign Policy ,
Investors ,
Legislative Agendas ,
Mergers ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
Tax Policy
Merger review processes are being impacted worldwide as merger control authorities adapt to take account of the consequences of Covid 19. While critical transactions are likely to be reviewed, as far as possible, in...more
Adverse economic or social conditions have not historically tended to affect the general application and enforcement of antitrust rules. This remains the overall position in the circumstances of Covid-19, with many antitrust...more
Adverse economic or social conditions have not historically tended to affect the general application and enforcement of antitrust rules. This remains the overall position in the circumstances of Covid-19, with many antitrust...more
Merger review processes are being impacted worldwide as merger control authorities adapt to take account of the consequences of Covid-19 coronavirus. While critical transactions are likely to be reviewed, as far as possible,...more
Merger review processes are being impacted worldwide as merger control authorities adapt to take account of the consequences of Covid-19. While critical transactions are likely to be reviewed, as far as possible, in...more
11/13/2020
/ Competition ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Foreign Acquisitions ,
Foreign Investment ,
Infectious Diseases ,
Jurisdiction ,
Merger Controls ,
Regulatory Standards
Adverse economic or social conditions have not historically tended to affect the general application and enforcement of antitrust rules. This remains the overall position in the circumstances of Covid-19, with many antitrust...more
Merger review processes are being impacted worldwide as merger control authorities adapt to take account of the consequences of Covid-19. While critical transactions are likely to be reviewed, as far as possible, in...more
Adverse economic or social conditions have not historically tended to affect the general application and enforcement of antitrust rules. This remains the overall position in the circumstances of Covid-19, with many antitrust...more
Recent announcements from senior Antitrust Division officials have brought about sweeping policy changes that are likely to displace the corporate leniency program as the only potential benefit of prompt self-reporting and an...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