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Competition Department of Justice (DOJ) Private Equity Firms

Dechert LLP

Global Regulatory Headwinds: PE Firms Prepare for Increased Antitrust Oversight

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66% of PE firms globally expect increased scrutiny from antitrust, FDI and other regulatory authorities to have a negative impact on their dealmaking plans over the next 12 months. Rising regulatory scrutiny continues to...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC-DOJ Inquiry on Serial Acquisitions: Cracking Down on PE Roll-Ups?

On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more

Bass, Berry & Sims PLC

New Task Force to Target Healthcare Monopolies and Collusion

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On May 9, the Department of Justice’s (DOJ) Antitrust Division announced the creation of a new task force, the Task Force on Health Care Monopolies and Collusion (HCMC), focusing on antitrust enforcement in the healthcare...more

Stevens & Lee

Health Care Antitrust Update Part I: Key Developments in Antitrust Litigation Involving Health Care Acquisitions and Mergers

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Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In the litigation context, this has involved, in addition to new lawsuits filed by the...more

A&O Shearman

Antitrust in focus March 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Thomas Masterman, partner based in London, is our editor this month. He has selected: Out now: our latest global...more

Sheppard Mullin Richter & Hampton LLP

FTC Sues Private Equity Firm and Anesthesiology Practice for Antitrust Violations

On September 21, 2023, the Federal Trade Commission (FTC) sued Welsh, Carson, Anderson & Stowe (WCAS) and U.S. Anesthesia Partners, Inc. (USAP), in the Southern District of Texas, alleging the two companies “[e]xecuted a...more

Sheppard Mullin Richter & Hampton LLP

Hot Antitrust Enforcement Climate Reaches Private Equity

Antitrust enforcement has been heating up over the last few years in several areas – notably in healthcare and labor. As the antitrust climate intensifies and spreads, private equity (PE) firms are starting to feel the heat,...more

Holland & Knight LLP

Private Equity Under the Microscope: Taking Stock of the Antitrust Enforcement Environment

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The Biden Administration's aggressive antitrust enforcers have trained their sights on private equity companies. They have signaled through enforcement activities, formal policy statements and informal interviews and speeches...more

Cohen & Gresser LLP

FTC and DOJ Signal Increased Scrutiny of Private Equity Firms

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The United States antitrust agencies continue to increase the pressure on private equity firms. The Federal Trade Commission (“FTC”) has amplified its position that rollups will get much harder looks, even if they are below...more

White & Case LLP

DOJ Announces Seven Director Resignations from Five US Public Company Boards in the Most Recent Wave of Reinvigorated Clayton Act...

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On October 19, 2022, the Antitrust Division of the Department of Justice announced that seven directors resigned from five different US public company boards of directors following DOJ concerns that their roles violated...more

Latham & Watkins LLP

DOJ Investigating “Interlocking Directorates” in PE Industry

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In its latest step to elevate antitrust scrutiny of private equity, DOJ launches a series of investigations of board seats under Section 8 of the Clayton Act. The US Department of Justice (DOJ) recently began sending...more

Benesch

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

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​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for...more

Hogan Lovells

Private equity in health care: in the Antitrust crosshairs

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Transactions and other investments in the health care industry by private equity firms are a hot enforcement topic at both the U.S. Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice...more

Mintz - Health Care Viewpoints

Commissioner Chopra Releases Statement on Private Equity Physician Practice Roll-Ups with FTC/DOJ HSR Annual Report

On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to...more

Dechert LLP

Antitrust Updates for Private Equity Firms

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In an era of robust merger enforcement by the U.S. antitrust agencies, opportunities abound for private equity firms to acquire divested businesses for value. These acquisitions of divested businesses are increasingly subject...more

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