News & Analysis as of

Blocked Mergers Competition

Bradley Arant Boult Cummings LLP

FTC Suing to Block Albertsons/Kroger Merger

The Federal Trade Commission (FTC) is suing to block the proposed $24.6 billion merger between supermarket giants Kroger and ACI, the parent company of Albertsons and Safeway, among other brands. The FTC has initiated two...more

Skadden, Arps, Slate, Meagher & Flom LLP

Challenge to Supermarket Merger Highlights FTC’s New Focus on Labor Markets

On February 26, 2024, after a 16-month investigation, the Federal Trade Commission (FTC) sued The Kroger Company and Albertsons Companies, Inc. in the U.S. District Court of Oregon to try to block their $24.6 billion merger....more

Troutman Pepper

Amid Ongoing Regulatory Scrutiny, Washington AG Files First Lawsuit to Block Merger of State’s Largest Supermarkets

Troutman Pepper on

On January 15, Washington Attorney General (AG) Bob Ferguson filed a complaint in King County Superior Court, seeking to block the merger of The Kroger Co. (Kroger) with its supermarket competitor, Albertsons Companies, Inc....more

Hogan Lovells

The Federal Trade Commission Rattles Off Two More Hospital Merger Challenges

Hogan Lovells on

On the heels of two successful hospital merger challenges in the last year, the FTC announced on Thursday that it is bringing two new cases seeking to block proposed hospital transactions: RWJBarnabas Health’s (RWJ’s)...more

Jones Day

EU Court Raises Bar for Commission to Block Certain Mergers

Jones Day on

The EU General Court ruled that the Commission must demonstrate with a "strong probability" that the effect on competition is "significant" to block a merger that does not create a dominant company. In a rare judgment, the...more

Dechert LLP

Lessons Learned from Sabre/Farelogix and Evonik/PeroxyChem

Dechert LLP on

On April 8, 2020, Judge Leonard Stark of the U.S. District Court for the District of Delaware denied an injunction requested by the Antitrust Division of the U.S. Department of Justice (“DOJ”) to block Sabre Corp.’s $360...more

Perkins Coie

“Reasonableness” Is in the Eye of the Beholder: Vague Contracts Clauses Invite Litigation

Perkins Coie on

Schick, the shaving product company, recently announced it was abandoning its proposed $1.4 billion acquisition of rival startup Harry’s Razors. The announcement followed the U.S. Federal Trade Commission’s (FTC) threat to...more

Jones Day

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

Jones Day on

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

McDermott Will & Emery

EU Court of Justice Confirms Annulment of Commission Prohibition Decision Due to a Procedural Irregularity

McDermott Will & Emery on

On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the...more

Jones Day

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

Jones Day on

The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

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