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Antitrust Provisions Horizontal Merger Guidelines Acquisitions

Holland & Knight LLP

Antitrust Enforcers Reaffirm Focus on Private Equity in Healthcare at Public Workshop

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As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one...more

Wilson Sonsini Goodrich & Rosati

Issues at Check Out: FTC Challenges Kroger’s Acquisition of Albertsons with Novel Theories About Labor Market Harm and Adequate...

On February 26, 2024, the Federal Trade Commission (FTC), alongside Attorneys General from eight states and the District of Columbia, initiated legal action to block Kroger’s $24.6 billion acquisition of Albertsons. The...more

Fenwick & West LLP

4 Antitrust Enforcement Trends for 2024

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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

Bass, Berry & Sims PLC

New Merger Guidelines Unveiled, Broadening Scrutiny and Impact on Business Transactions

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On December 18, 2023, the Department of Justice and the Federal Trade Commission (Agencies) issued the 2023 Merger Guidelines, which replace the Agencies’ 2010 Horizontal Merger Guidelines and the 2020 Vertical Merger...more

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: With Final 2023 Merger Guidelines, DOJ and FTC Formalize Aggressive Merger Enforcement Policy

What You Need to Know- •The final 2023 Merger Guidelines are structured around 11 guidelines outlining the Agencies’ approach to merger enforcement. •Together with the massive changes to the HSR form proposed in June...more

Dorsey & Whitney LLP

Back to the Future: 2023 Merger Guidelines Reach into History to Support Enlarged Antitrust Enforcement Agenda

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On December 18, 2023, the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) jointly released their long-anticipated final 2023 Merger Guidelines after a notice and public comment period, during which they...more

Sheppard Mullin Richter & Hampton LLP

The Wait is Over: DOJ and FTC Issue Final Merger Guidelines

On December 18, 2023, the Federal Trade Commission and Department of Justice (the “Agencies”) jointly issued Final Merger Guidelines, following a public comment period on the Proposed Merger Guidelines first issued in July....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

Troutman Pepper

The Evolution of the FTC and DOJ Continues: Agencies Seek Public Comment on Draft Merger Guidelines

Troutman Pepper on

The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued new draft Merger Guidelines on July 19. The draft Merger Guidelines were created with the goal "to better reflect how the agencies...more

Skadden, Arps, Slate, Meagher & Flom LLP

Public Comments on US Merger Guidelines May Be Harbinger of Stronger Enforcement

Key Points - U.S. antitrust regulators at the DOJ and FTC embarked on a joint review of merger enforcement by soliciting public input on modernizing federal merger guidelines. While public comments ran the gamut from...more

Epstein Becker & Green

American Hospital Association Pushes for Updates to Merger Guidelines

The American Hospital Association (AHA), on behalf of its nearly 5,000 members and clinician partners, recently responded to the federal antitrust agencies’ request for comments to help inform the agencies’ efforts to...more

Hogan Lovells

FTC Votes to Rescind 2020 Vertical Merger Guidelines

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On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines...more

Epstein Becker & Green

A New Antitrust “Safety Zone” for Vertical Mergers

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The U.S. Department of Justice and the Federal Trade Commission (collectively, “Agencies”) recently released for public comment their much-anticipated draft Vertical Merger Guidelines (“Guidelines”) that purport to “outline...more

Jones Day

Antitrust Alert: U.S. Antitrust Agencies Issue First Vertical Merger Guidelines in 35 Years

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Last week, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") issued draft Vertical Merger Guidelines. Vertical mergers combine two or more companies operating at different levels of a supply chain...more

Foley & Lardner LLP

FTC and DOJ Issue Draft Vertical Merger Guidelines

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On January 10, 2020, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released for public comment draft Vertical Merger Guidelines. Vertical mergers are those that combine companies...more

Jones Day

DOJ Merger Challenge Makes Unprecedented Use of Arbitration to Determine Market Definition

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The Situation:The U.S. Department of Justice ("DOJ") has sued to block a proposed acquisition of Aleris Corporation by Novelis Inc. In an unprecedented move, the parties and DOJ agreed to refer the "dispositive" issue of...more

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