News & Analysis as of

Acquisitions Divestment

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The Critical Role of CFIUS in Safeguarding U.S. National Security: Insights and Implications for Technology and Legal...

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Editor’s Note: The Committee on Foreign Investment in the United States (CFIUS) plays a pivotal role in regulating foreign investments in American companies, particularly those that could impact national security. This...more

Mintz - Antitrust Viewpoints

FTC Proposed Settlement Requires Private Equity Firm to Divest Shares, Relinquish Potential Board Seat, and Other Expansive...

The Federal Trade Commission (“FTC”), the Department of Justice Antitrust Division (“DOJ”), and the new proposed merger guidelines have all called out private equity transactions for particular scrutiny. The FTC just...more

Morrison & Foerster LLP

Reflections on the UK Government’s Decision to Unwind Nexperia’s Acquisition of Newport Wafer Fab

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On 18 November 2022, the UK government announced a decision to require the divestment of an 86% stake in one of the UK’s largest semiconductor plants, Newport Wafer Fab (NWF), held by Dutch-incorporated, but ultimately...more

Hogan Lovells

FTC establishes broad policy to require prior approval provisions in all merger divestiture orders

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On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more

Latham & Watkins LLP

Healthcare and Life Sciences Trends to Watch in 2021

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The healthcare and life sciences (HCLS) sector remained particularly active throughout 2020. Despite the COVID-19 pandemic, deal activity was very strong in the first half of the year — with notable transactions including...more

Womble Bond Dickinson

Resolving TikTok’s Data Issues Country by Country

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India’s Reliance Industries is considering acquiring TikTok’s business in India from ByteDance. We recently discussed the growing distrust by companies and countries of TikTok because of the perceived vulnerability of user...more

K&L Gates LLP

Recent Actions By CFIUS Underscore Importance of Review Process

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Earlier this month, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) took two noteworthy actions that underscore the Committee’s powerful role in reviewing foreign direct investment and...more

Latham & Watkins LLP

Making Your Carve-Out a Clean Cut

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Corporates should leverage growing carve-out and divestment activity across the European market with a strategic approach to deal making. In the current deal market, corporates are taking an increasingly strategic and...more

Jones Day

Post-Order Merger Divestitures Likely to Face "Uphill" Battle with FTC

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New guidance from the Federal Trade Commission's ("FTC") staff describes the FTC's views on "post-order" divestitures and highlights the difficulties in persuading the FTC to abandon its preference for upfront buyers in...more

Mintz

FTC Requires Divestiture of Assets in Industrial Gas Suppliers’ $80 Billion Merger

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On October 22, 2018, the FTC announced it had reached a settlement with industrial gas suppliers Praxair, Inc. and Linde AG (the “Parties”) arising out of their proposed merger. According to the FTC’s Complaint, issued by 4-1...more

Dechert LLP

Antitrust Updates for Private Equity Firms

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In an era of robust merger enforcement by the U.S. antitrust agencies, opportunities abound for private equity firms to acquire divested businesses for value. These acquisitions of divested businesses are increasingly subject...more

WilmerHale

CFIUS Actions Highlight Focus on Critical Technologies and Infrastructure

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In its latest report to Congress, the Committee on Foreign Investment in the United States (CFIUS), the US government's interagency body that vets foreign investment with national security implications, reported that it...more

Snell & Wilmer

Proposed Aetna-Humana Merger Passes Another Hurdle in Antitrust Review

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The proposed merger between major health insurers Aetna Inc. and Humana Inc. continues to inch closer to finalization. In a recent press release, Aetna announced that 10 states have now signed off on its proposed acquisition...more

McDermott Will & Emery

The EU Court of Justice Brings to an End Odile Jacob’s Fight Against Lagardère’s Purchase of Vivendi Universal Publishing

By its judgment of 28 January 2016 (C-514/14 P, Editions Odile Jacob SAS v Commission), the European Court of Justice (Court) upheld the General Court of the European Union’s (GCEU) ruling with respect to each of the grounds...more

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