On December 18, 2023, the Department of Justice ("DOJ") and Federal Trade Commission ("FTC") published in final form the long-awaited 2023 Merger Guidelines. The final 2023 Merger Guidelines adopt—with some significant...more
The US federal government is at risk of a partial shutdown unless Congress can enact appropriations to fund certain federal operations by September 30, 2023. Both the Department of Justice (DOJ) and Federal Trade Commission...more
The Proposed Merger Guidelines represent the DOJ's and the FTC's aggressive scrutiny of mergers. As one of the most important reflections of policy the Antitrust Agencies use to analyze transactions, the Proposed...more
...Key Highlights -
According to WAMS data, US merger control filing activity has cooled off: H1 2022 merger filing activity is down 23 percent versus H1 2021. However, US HSR filings in H1 2022 are 47 percent above the...more
7/19/2022
/ Acquisitions ,
Austria ,
Brazil ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Germany ,
Merger Controls ,
Mergers
In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is...more
On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging...more
8/6/2021
/ Acquisitions ,
Antitrust Provisions ,
Buyers ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Sellers ,
Waiting Periods ,
Warning Letters
The new Executive Order includes 72 initiatives instructing more than a dozen federal agencies to consider adopting rules intended to enhance competition.
A new Executive Order signed by President Biden includes 72...more
For further information, please visit the White & Case Coronavirus Resource Center. The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") announced today that they are temporarily suspending any grants of...more
DOJ Antitrust Division successfully uses private-style arbitration for first time to block a merger, and force a divestiture as a condition to closing.1 DOJ’s novel use of arbitration to resolve liability in a merger case has...more
The COVID-19 outbreak has led to changes in how the US and other competition agencies around the world look at competitor collaborations. Despite these policy announcements, antitrust compliance is still a priority, and...more
3/27/2020
/ Antitrust Division ,
Antitrust Provisions ,
Collaboration ,
Competition ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
European Commission ,
European Competition Network (ECN) ,
Federal Trade Commission (FTC) ,
Joint Purchasing Programs ,
State of Emergency ,
Supply Chain
Antitrust agencies around the world are adjusting to the policies and procedures they quickly implemented in response to the outbreak of the coronavirus disease (“COVID-19”), as detailed in White & Case’s March 16th alert. In...more
3/27/2020
/ Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Global Market ,
Merger Controls ,
Office Closures ,
Remote Working ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
Last week, in response to the outbreak of the Coronavirus disease (COVID19), the antitrust agencies in the United States and European Union issued policies that will affect, and may delay, merger filings and reviews. ...more
3/17/2020
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Electronic Filing ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
Premerger Notifications ,
Risk Mitigation