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Antitrust Division Divestiture Mergers

Vinson & Elkins LLP

2023 Chemicals & Energy Antitrust Report

Vinson & Elkins LLP on

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Williams Mullen

Change Can Be Hard: Will the DOJ Antitrust Division’s Loss of Its UnitedHealth/Change Merger Challenge Cause It To Reassess Its...

Williams Mullen on

​​​​​​​Earlier this year, Assistant Attorney General Jonathan Kanter, who leads the Department of Justice’s (DOJ) Antitrust Division, announced that the Antitrust Division would eschew settlements in merger challenges in...more

Foley Hoag LLP

Department of Justice’s Revised Merger Remedies Manual Reflects Preference for Divestitures

Foley Hoag LLP on

On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division released a revised Merger Remedies Manual. This revised manual is the culmination of a review by the Antitrust Division of its entire approach to...more

Cooley LLP

Alert: DOJ Issues Merger Remedies Manual, Aims to Step Up Enforcement of Consent Decrees

Cooley LLP on

The US Department of Justice Antitrust Division issued a new Merger Remedies Manual on September 3 clarifying the analytical framework the Trump administration’s DOJ is using to evaluate remedies that may address competitive...more

Jones Day

DOJ Antitrust Division Updates Merger Remedies Guide

Jones Day on

The U.S. Department of Justice's ("DOJ") new remedies guide reinforces its strong preferences for structural divestitures and upfront buyers to resolve merger investigations. Last week, the DOJ released a new "Merger...more

Proskauer Rose LLP

New DOJ Merger Remedies Manual Cites Strong Preference for Structural Remedies - New Openness to Private Equity Buyers

Proskauer Rose LLP on

The United States Department of Justice released its revised Merger Remedies Manual on September 3, 2020, providing “Antitrust Division attorneys and economists with a framework for fashioning and implementing appropriate...more

Sheppard Mullin Richter & Hampton LLP

DOJ Antitrust Division Releases New Merger Remedies Manual

On September 3, 2020, the DOJ’s Antitrust Division released its Merger Remedies Manual. The manual provides important guidance on what DOJ considers to be adequate solutions to addressing competitive issues in M&A deals...more

White & Case LLP

To Litigate, or to Arbitrate: DOJ Reveals Shiny New Tool in Merger Toolbox

White & Case LLP on

DOJ Antitrust Division successfully uses private-style arbitration for first time to block a merger, and force a divestiture as a condition to closing.1 DOJ’s novel use of arbitration to resolve liability in a merger case has...more

McDermott Will & Emery

DOJ and Merging Parties Agree on Unprecedented Arbitration Procedure to Resolve Merger Challenge

McDermott Will & Emery on

WHAT HAPPENED: • On September 4, 2019, the US Department of Justice’s Antitrust Division (DOJ) sued to block Novelis Inc.’s proposed $2.6 billion acquisition of Aleris Corporation. • DOJ alleged that the transaction would...more

Bracewell LLP

Latest Developments to Affect Antitrust M&A

Bracewell LLP on

The past month has seen interesting developments in the antitrust M&A arena, including the first ever successful private antitrust merger challenge resulting in a divestiture order, and the announcement by the Department of...more

Perkins Coie

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

Akin Gump Strauss Hauer & Feld LLP

Trump Names Delrahim to Head DOJ Antitrust Division

The White House announced yesterday that Makan Delrahim will be nominated to head up the United States Justice Department’s Antitrust Division. Delrahim, a long-time D.C. attorney with decades of policy and lobbying...more

Mintz

A Split FTC Accepts Fix-It-First Divestiture Remedy for Cigarette Merger

Mintz on

The Federal Trade Commission (“FTC”) accepted on Tuesday from Reynolds American Inc. (“Reynolds”) and Lorillard Inc. (“Lorillard”), subject to final approval, a Consent Order settling the agency’s significant competitive...more

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