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Antitrust Agencies’ Health Care RFI Signals Increased Scrutiny of PE Deals

On March 5, the Federal Trade Commission (FTC), U.S. Department of Justice’s Antitrust Division (DOJ), and Department of Health and Human Services (HHS) jointly issued a Request for Information on Consolidation in Health Care...more

The Antitrust Agencies’ New Roadmap for How They Will Analyze M&A Deals

On July 19, the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) released the long-anticipated updated draft Merger Guidelines1 (the Guidelines) for a...more

Antitrust Agencies Seek Public Comment To Shape Future Merger Guidelines

On January 18, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ, and together with the FTC, Antitrust Agencies) announced that they are “seek[ing] public comment on how the...more

When Opportunity Knocks, Open The Door! Why Your Competitor's Deal May Be Your Next Opportunity

In the final weeks of 2020, opportunity knocked for Sazerac Company, Inc (Sazerac), Precept Brands LLC (Precept), and Vie-Del Company (Vie-Del) and each opened the door. After a 20-month investigation that found E. & J....more

Sometimes Confession Is Good For The Soul, But Only If You’re The First To Confess!

No matter how novel a scheme about “coordinating” with competitors to instill “discipline” in the market may seem, odds are that the antitrust enforcers have seen it before and eventually will prosecute it. Take the recent...more

DOJ Issues New Guidance On Its Use Of Arbitration

Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to Division attorneys and the public on the use of arbitration in civil...more

Hey Fintech: With The Antitrust Division Watching, Protect Yourself!

If you caught our last two client alerts–Hey Fintech, the Antitrust Division Is Watching You! and Hey Fintech: Watch What You Say, and Be Mindful of What Others Say on Your Behalf–then you know that the Antitrust Division has...more

Hey Fintech, The Antitrust Division Is Watching You!

What You Need To Know: •The Antitrust Division is training its sights on fintech deals in which incumbents buy up “nascent competitors.” •If you’re on the buy-side considering a “nascent competitor” transaction, early...more

U.S. and European Antitrust Authorities Provide Updated Guidance on Joint Activity During COVID-19

On March 24, the U.S. Department of Justice Antitrust Division (the Antitrust Division) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued a joint statement detailing a new expedited process for review...more

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