The Federal Trade Commission, by a 3-2 party-line vote, has settled a vertical merger challenge in exchange for the merging companies' behavioral commitments. The decision and Commissioner statements signal tension for FTC...more
A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor's merger challenge. Although the decision is certain to be appealed, it may embolden...more
The Situation: Between 2013 and 2017, the average length of a U.S. Department of Justice ("DOJ") Antitrust Division merger review increased 65 percent to 10.8 months.
The Response: DOJ announced reforms to improve...more
10/4/2018
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Letters of Request ,
Mergers ,
Regulatory Reform ,
Subpoenas ,
Third-Party ,
Transparency
After eighteen months of investigation and litigation, a federal district court has rejected the Justice Department's challenge to AT&T's $108 billion acquisition of Time Warner Inc. Although the government could appeal, the...more
The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger...more
4/27/2018
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Confidential Information ,
Contractual Safeguards ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Information Sharing ,
Mergers ,
Sensitive Business Information ,
Sherman Act