As expected, the final guidelines expand the types of transactions that may receive heightened scrutiny or result in a merger challenge....more
The Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ”) recently introduced proposed revisions to the existing merger guidelines. The new draft guidelines, if enacted in a form similar...more
A plea deal with a paving contractor follows the Department of Justice Antitrust Division's ("DOJ") threat to resurrect criminal enforcement of the Sherman Act § 2 prohibition on monopolization and attempted monopolization....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
The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more
2/12/2018
/ Antitrust Division ,
Antitrust Investigations ,
Attorney's Fees ,
Burden of Proof ,
CFIUS ,
Consent Decrees ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Evidentiary Standards ,
Federal Trade Commission (FTC) ,
Fee-Shifting ,
Mergers
The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more
2/7/2018
/ Antitrust Division ,
ASCAP ,
BMI ,
Consent Decrees ,
Copyright ,
Department of Justice (DOJ) ,
Digital Assets ,
Licensing Rights ,
Music Industry ,
Public Performance Rights ,
Publishing Copyrights ,
Sound Recording Copyrights