The Boiling Points collection features real-world documents that government antitrust agencies used against merging companies. Dechert’s antitrust/competition practice curated the collection from an exhaustive review of...more
8/16/2022
/ Anti-Competitive ,
Antitrust Provisions ,
Asset Deals ,
Competition ,
Corporate Counsel ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Document Management ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Regulatory Standards
In both our DAMITT 2021 Report and our Q1 2022 Report, we warned that parties to transactions subject to significant merger investigations were more likely to see the FTC or DOJ sue to block their deal or push them to abandon...more
7/26/2022
/ Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Enforcement Statistics ,
EU ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Hart-Scott-Rodino Act ,
Investment Opportunities ,
Merger Controls
The government had lost seven consecutive hospital merger litigations before the FTC’s challenge to the Evanston Northwestern/Highland Park merger in 2003. That losing streak forced the FTC to reassess the economic tests used...more
In the U.S., “significant” merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions for which the result of the investigation by the Federal Trade Commission (FTC) or the Antitrust Division of the...more
4/21/2022
/ Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Settlement Agreements
The number of significant U.S. merger investigations concluded in the first year of the Biden administration was in line with the average observed during the Trump administration....more
In 2020, the defense side ended a 15-year drought in litigating the fix. When the U.S. antitrust authorities seek to block a proposed merger, they must obtain an injunction in federal court. One strategy the defense can...more
On April 8, 2020, Judge Leonard Stark of the U.S. District Court for the District of Delaware denied an injunction requested by the Antitrust Division of the U.S. Department of Justice (“DOJ”) to block Sabre Corp.’s $360...more