News & Analysis as of

Competition Department of Justice (DOJ) Merger Reviews

Sheppard Mullin Richter & Hampton LLP

U.S. Federal Antitrust Agencies Announce Cooperation Initiative with Labor Agencies in Merger Review

On August 28th, the Federal Trade Commission (the “FTC”) and the Department of Justice Antitrust Division (the “DOJ”) (the “Antitrust Agencies”), together with the Department of Labor (the “DOL”) and National Labor Relations...more

WilmerHale

Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

WilmerHale on

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more

Holland & Knight LLP

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

Holland & Knight LLP on

After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more

Hogan Lovells

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

Hogan Lovells on

It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

Eversheds Sutherland (US) LLP

Greater scrutiny of proposed mergers anticipated under new FTC and DOJ guidelines

Last week the Department of Justice and Federal Trade Commission (Antitrust Agencies) jointly released a draft of their long-awaited revised Merger Guidelines, which reflect the Biden Administration’s ramped up merger...more

Baker Donelson

FTC and DOJ Propose Major Overhaul of Merger Guidelines

Baker Donelson on

On July 19, 2023, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) issued revised Merger Guidelines (Proposed Guidelines) that if adopted would lead to...more

Holland & Knight LLP

Revised Merger Guidelines Would Expand Reviews and Limit Combinations

Holland & Knight LLP on

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) on July 19, 2023, jointly announced the release of proposed Merger Guidelines that would expand significantly the number and types of transactions...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

Goodwin on

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

WilmerHale

FTC and DOJ Release Draft Updated Merger Guidelines for Public Review and Comment

WilmerHale on

On July 19, 2023, the Federal Trade Commission and the Department of Justice released a draft update of the Merger Guidelines. The draft Guidelines describe how the agencies “review...mergers and acquisitions to determine...more

BCLP

Back to the Future: Antitrust Agencies Announce New Draft Merger Guidelines

BCLP on

On July 19, 2023, the Federal Trade Commission and Department of Justice, Antitrust Division (together, the “Agencies”) announced new draft Merger Guidelines (“Draft Guidelines”), which detail the analysis the Agencies will...more

Womble Bond Dickinson

DOJ and FTC Propose New Merger Guidelines to Expand Merger Challenges

Womble Bond Dickinson on

Today the Federal Trade Commission and the Antitrust Division of the Department of Justice released a proposed set of new Horizontal Merger Guidelines, to replace the current version adopted in 2010. The proposed Guidelines...more

BCLP

U.S. antitrust agencies propose major changes to pre-merger review process

BCLP on

On June 27, 2023 the Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, (together, the “Agencies”) announced proposed amendments to the premerger notification rules that...more

Shook, Hardy & Bacon L.L.P.

The New Antitrust, 2022-2023

Antitrust is in the news. Old cartoons showing octopus-monopolist tentacles destroying Washington are no longer just for American history textbooks. Lina Khan—who rose to prominence with an article attacking the Chicago...more

TransPerfect Legal

Modern Considerations in Merger Reviews

TransPerfect Legal on

On September 21, 2022, TransPerfect Legal Solutions hosted its second annual Antitrust Clearance & Merger Enforcement Conference in Washington, DC. Industry experts discussed a range of topics including substantive...more

Hogan Lovells

FTC workshop highlights potential changes to agency’s review of pharmaceutical mergers

Hogan Lovells on

On June 14 and 15, 2022 the Federal Trade Commission (FTC) hosted a workshop titled “Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.” The workshop was a culmination of the work of the...more

McDermott Will & Emery

[Webinar] Competition Crackdown: What Does Treasury’s Guidance for Alcohol Markets Mean for Your Business? - February 24th, 12:00...

McDermott Will & Emery on

Last week, the US Treasury Department (Treasury) released a report that outlined a series of reforms aimed at boosting competition in the combined $250 billion US beer, wine and spirits markets in response to US President Joe...more

McDermott Will & Emery

Treasury Responds to Biden Administration Executive Order with Report, Recommendations to Increase Alcohol Industry Competition

McDermott Will & Emery on

On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive...more

Akin Gump Strauss Hauer & Feld LLP

FTC Makes Major Changes to Expand Prior Approval in Merger Consents, Creating Greater Risk for Merging Parties Subject to FTC...

On Monday, October 25, the Federal Trade Commission (FTC or “Commission”) issued a policy statement announcing that the Commission will require all parties that enter into a merger consent agreement to agree that the parties...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

TransPerfect Legal

The Effects of the 2020 Election on Antitrust Merger Clearance

TransPerfect Legal on

On October 20, 2020, TransPerfect Legal Solutions (TLS) hosted an inaugural conference on recent developments in antitrust clearance and merger enforcement proceedings. This article is the first of a three-part series...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

Orrick - Antitrust Watch

U.S. v. Sabre: Putting the Innovation Theory of Harm to the Test?

Orrick - Antitrust Watch on

In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline...more

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