....The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more
7/25/2020
/ Antitrust Investigations ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Merger Controls ,
Merger Remedies ,
Mergers ,
Pharmaceutical Industry ,
Phase II ,
Popular ,
Vertical Mergers
Fast Facts -
United States
- The COVID-19 pandemic has yet to slow U.S. merger enforcement, with deal reviews for Q1 2020 averaging 11.1 months in length, slightly below the 11.9 month average for CY 2019.
- The...more
Fast Facts -
United States -
- The DOJ and FTC concluded 26 significant U.S. merger investigations in 2019 – similar to the level of activity from 2011-2014 under the Obama administration but trailing the activity...more
2/1/2020
/ Antitrust Investigations ,
Antitrust Litigation ,
Blocked Mergers ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
Mergers ,
Phase II ,
Technology Sector ,
Trump Administration ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
United States
Fast Facts -
United States -
- The Trump administration’s efforts to block mergers near record, with 5 significant investigations resulting in complaints in 2019 YTD.
- The number of significant antitrust merger...more
11/8/2019
/ Acquisitions ,
Antitrust Investigations ,
Blocked Mergers ,
Department of Justice (DOJ) ,
Divestiture ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Remedies ,
Trump Administration
Fast Facts -
United States -
U.S. antitrust enforcement agencies concluded 20 “significant investigations” during the rolling-twelve months (RTM) ended Q2 2019, down from 28 for the RTM ended Q2 2018....more
7/31/2019
/ Acquisitions ,
Antitrust Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare Facilities ,
Mergers ,
Pharmaceutical Industry ,
Remedies ,
Technology Sector
Fast Facts
- In the U.S., the number of significant antitrust merger investigations in 2018 reached a near-record low over DAMITT’s eight years of data, while their average duration remained near the record high.
- In...more
1/30/2019
/ Antitrust Investigations ,
Antitrust Litigation ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
EU ,
EU Merger Directive ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
No-Deal Brexit ,
Obama Administration ,
Phase II ,
Remedies ,
Trump Administration ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
Citing findings from the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) that have demonstrated a marked increase in the duration of significant merger investigations in recent years, DOJ Assistant Attorney...more
10/13/2018
/ Antitrust Investigations ,
Antitrust Litigation ,
Department of Justice (DOJ) ,
Discovery ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Preliminary Injunctions ,
Remedies
Fast Facts
- The numbers of significant antitrust merger investigations in the U.S. and the EU both are on pace to match 2017 levels.
- Bayer/Monsanto was resolved after a more than 24-month investigation in the U.S., the...more
7/20/2018
/ Acquisitions ,
Antitrust Investigations ,
AT&T ,
Bayer ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Monsanto
Fast Facts
- There are signs that the six-year trend toward longer significant investigations may be slowing or reversing.
- Significant U.S. merger investigations lasted an average of 9.7 months in Q1 2018, the second...more
4/13/2018
/ Antitrust Investigations ,
Antitrust Litigation ,
AT&T ,
Bayer ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Monsanto ,
Time Warner ,
Trump Administration
Fast Facts -
The length of significant U.S. merger investigations climbed to an average of 10.8 months in 2017, a new DAMITT record, despite the number of investigations dropping by more than 20%.
There are signs of a...more
Fast Facts
- Significant merger investigations lasted an average of 9.9 months in 2016, a new DAMITT record.
- The 33 significant investigations in 2016 were the second most in the past six years, but down...more
Fast Facts -
- In the first three quarters of 2016, there were 24 significant merger investigations, which is on pace to challenge the record of 37 set in CY2015.
- Significant merger investigations through Q3 2016...more
Fast Facts -
- Significant merger investigations during the first half of 2016 lasted 9.5 months on average—on par with CY2015, but more than 30 percent longer than from 2011 to 2013.
- In the first half of 2016,...more
Key Points:
The FTC is raising the maximum civil penalty that may be imposed for certain violations from $16,000 to $40,000.
For HSR Act violations, where penalties may be imposed for each day the person is in...more
7/1/2016
/ Antitrust Violations ,
Civil Monetary Penalty ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
Threshold Requirements ,
Unfair or Deceptive Trade Practices
The U.S. Federal Trade Commission (“FTC”) issued a data report on January 4 regarding its horizontal merger investigation and enforcement action record over the past fifteen years. The report shows, sector by-sector, the...more
The Federal Trade Commission (“FTC”) announced on January 10, 2013 that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will be raised 4.0 percent from the 2012 levels....more