Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”...more
In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive...more
1/23/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Cross-Border ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Regulatory Reform ,
Regulatory Requirements ,
Section 5 ,
Vertical Mergers
Recent trends in antitrust merger enforcement have brought into sharp focus the acquisition of nascent or potential competitors in the technology and life sciences sectors. These deals include so-called “killer acquisitions”...more
On March 22, 2023, the Federal Trade Commission (FTC) announced a request for information (RFI) seeking public comments on business practices in the cloud computing industry. The RFI focuses on three intertwined aspects of...more
3/30/2023
/ Cloud Computing ,
Cloud Service Providers (CSPs) ,
Competition ,
Cybersecurity ,
Data Security ,
European Commission ,
Federal Trade Commission (FTC) ,
Investigations ,
Microsoft ,
Request For Information ,
Technology Sector
The previous year in antitrust enforcement has been marked by rapid change. In many ways this foreshadows things to come in 2023, as antitrust enforcement agencies’ tough rhetoric continues to ramp up into real-world action....more
12/21/2022
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Continuing Legal Education ,
Corporate Counsel ,
Corporate Governance ,
Enforcement ,
Mergers ,
Regulatory Reform ,
Webinars
The United States Department of Justice (DOJ) announced last week that directors at several technology companies have resigned as a consequence of the agency’s renewed focus on overlapping board membership between...more
10/26/2022
/ Acquisitions ,
Antitrust Division ,
Big Tech ,
Board of Directors ,
Competition ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Internal Investigations ,
Mergers ,
Publicly-Traded Companies ,
Section 8 ,
Startups ,
Technology Sector ,
The Clayton Act
FTC Suit Aspires to Chill M&A-Based Growth by Larger Tech Firms -
Federal Trade Commission Chair Lina Khan has consistently criticized past FTC leadership for being too lenient with Big Tech M&A activity, and for not...more
After months of partisan deadlock, this week Georgetown law professor and privacy scholar Alvaro M. Bedoya was confirmed by the Senate to serve as a member of the Federal Trade Commission (FTC). Bedoya’s confirmation gives...more