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Antitrust Provisions Anti-Competitive Acquisitions

Holland & Knight LLP

FTC Bags Preliminary Injunction in Challenge to "Affordable Luxury" Handbag Merger

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The Federal Trade Commission (FTC) prevailed in the first round of its much-criticized challenge to Tapestry Inc.'s acquisition of Capri Holdings Limited. Tapestry owns the Coach brand, and Capri owns the Michael Kors and...more

Wilson Sonsini Goodrich & Rosati

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of...more

WilmerHale

“Roll Up” or Roll On Out: Court Dismisses FTC Lawsuit Against Private Equity Firm Welsh Carson Under Section 13(b)

WilmerHale on

In a decision with significant implications for private equity firms and minority investors, on May 13, 2024, the US District Court for the Southern District of Texas dismissed the Federal Trade Commission’s (FTC) suit...more

Manatt, Phelps & Phillips, LLP

[Webinar] Preparing for the Future of Health Care Antitrust Scrutiny - June 11th, 12:00 pm - 1:00 pm PST

Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more

Hogan Lovells

Commission investigation into termination of pipeline drug: what next for R&D decision-making?

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The European Commission has opened a formal investigation into whether Zoetis, a US animal health company, has acted in breach of the abuse of dominance rules by terminating development of a pipeline drug: when does...more

Goodwin

Antitrust & Competition Life Sciences Year in Review 2023

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Despite increasingly aggressive rhetoric from the agencies, 2022 was largely characterized as “business as usual” in the antitrust world. In contrast, 2023 featured a significant step up in enforcement activity, including...more

Dechert LLP

Pharmaceutical Sector Remains Key Area for EU Antitrust Enforcement

Dechert LLP on

The European Commission (EC) has published a report on competition law enforcement in the EU's pharmaceutical sector during the 2018-2022 period. The report, released on 26 January, provides detailed insights into the actions...more

ArentFox Schiff

The DOJ and FTC Turn Their Attention to “Roll-Up” Acquisitions, Looking for Anticompetitive Transactions

ArentFox Schiff on

In a December 2023 statement, the White House detailed its intention to encourage antitrust enforcers to scrutinize anticompetitive acquisitions and anticompetitive practices in health care. Specifically, the statement...more

King & Spalding

FTC and DOJ Issue New Merger Guidelines

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On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

Brownstein Hyatt Farber Schreck

Aggressive FTC Enforcement Creates Challenges for Health Care Dealmaking

On Sept. 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners, Inc. (USAP) and its private equity sponsor, Welsh, Carson, Anderson & Stowe, asserting they crafted a “multi-year anticompetitive scheme” to...more

Skadden, Arps, Slate, Meagher & Flom LLP

What the New Federal Merger Guidelines Mean for Companies Pursuing Deals

In July, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more

BCLP

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

BCLP on

Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

Goodwin

Antitrust & Competition Technology 2022 Year in Review

Goodwin on

2022 saw a major uptick in antitrust scrutiny and enforcement, primarily related to vertical transactions by large technology companies. Meta/Within, Microsoft/Activision, and Broadcom/VMware (among others) faced resistance...more

Wilson Sonsini Goodrich & Rosati

FTC Sues to Block Microsoft/Activision Blizzard Transaction, Putting $70 Billion Deal at Risk

The Federal Trade Commission (FTC) filed an administrative complaint to block Microsoft Corporation’s (Microsoft’s) nearly $70 billion acquisition of Activision Blizzard, Inc. (Activision), the largest video game acquisition...more

Wilson Sonsini Goodrich & Rosati

FTC Loses the First Round of the Altria/JUUL Merger Litigation

The Federal Trade Commission (FTC) has lost the first round of its challenge to Altria Group, Inc.’s (Altria) $12.8 billion acquisition of a 35 percent stake in JUUL Labs, Inc. (JLI). On February 17, 2022, an agency...more

Hogan Lovells

Vietnamese antitrust regulator looks back at recent merger control cases

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July 2021 marked the two-year anniversary of the entry into force of Vietnam’s new Competition Law (Law No. 23/2018/QH14). Among other things, the Competition Law established a brand-new merger control regime implemented by...more

Lighthouse

Biden Administration Executive Order on Promoting Competition: What Does it Mean and How to Prepare

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On July 9, 2021, President Biden signed a sweeping new Executive Order (“the Order”) with the stated goal of increasing competition in American markets. Like the recently issued Executive Order on Improving the Nation’s...more

Robins Kaplan LLP

Financial Daily Dose 7.16.2021 | Top Story: Intel In Talks to Acquire Chip-Maker GlobalFoundries for $30B

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Chip-maker Intel is in late-stage talks to purchase rival GlobalFoundries for roughly $30 billion. If completed, the acquisition would be Intel’s largest and would help the company with its push into overseas markets. ...more

Jones Day

Global Merger Control Update 2020

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Merger control enforcement continues to surge around the world and reaches well beyond the largest and traditionally most active enforcers (e.g., United States, European Commission, China, and Brazil). Beyond these countries,...more

Latham & Watkins LLP

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

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M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe. No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more

McDermott Will & Emery

FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor

McDermott Will & Emery on

The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more

McDermott Will & Emery

[Webinar] Getting The Deal Through: Navigating Antitrust Scrutiny Of Health System Deals And Beyond - November 12th, 12:00 pm ET

McDermott Will & Emery on

According to a new report by the Health Care Cost Institute, nearly three-quarters of 112 metropolitan areas across 43 states have “highly concentrated” hospital markets—showing a rise of such areas from 67% in 2012 to 72% in...more

Bass, Berry & Sims PLC

New HSR Annual Report Indicates Trends of Agency Challenges to Transactions, Renewed Interest in Healthcare Transactions

Bass, Berry & Sims PLC on

The 2018 Hart-Scott-Rodino Annual Report (the 2018 HSR Report), recently released by the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division, conveys information about their review of...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Holds New Hearing on Merger Retrospectives

On April 12, the Federal Trade Commission held a hearing to debate the extent to which the FTC should use retrospective reviews to strengthen merger enforcement. This was the latest in the series of hearings on Competition...more

Holland & Knight LLP

FTC Announces Revised Hart-Scott-Rodino Thresholds Effective April 3, 2019

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The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after April 3,...more

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