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A&O Shearman

Antitrust in Focus - October 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Roxane Hicheri (counsel based in Paris) and Mark Steenson (counsel based in London) are our editors this month. They...more

Ballard Spahr LLP

FTC Finalizes Comprehensive Overhaul of Premerger Notification Requirements

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The Federal Trade Commission (FTC) finalized a comprehensive overhaul of the premerger notification program. Firms considering a merger or acquisition that meets the filing thresholds should prepare for a more onerous...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

White & Case LLP

Uncertainty Remains More Than One Year After the FTC Announces New “Unfair Methods of Competition” Policy

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On November 10, 2022, the Federal Trade Commission announced a significant change in how the FTC plans to enforce Section 5 of the FTC Act, which bans "unfair methods of competition in or affecting commerce." In doing so, 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

Stinson LLP

FTC and DOJ Announce Final Merger Guidelines

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On December 18, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued final merger guidelines which significantly overhaul how the agencies determine whether potential transactions violate...more

Fenwick & West LLP

Navigating Healthcare Antitrust in the Biden Era

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It’s no secret that Democrats are traditionally trustbusters, but the Biden Administration is taking things to a whole new level, bringing novel—and arguably weak—cases that nonetheless slow or block tie-ups among healthcare...more

White & Case LLP

The future of competition law in Australia - the Competition Taskforce takes shape

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The Competition Review announced by the Australian Government on 23 August 2023 is well underway. A Competition Taskforce has been established, with the scope of the Review broad - extending beyond the current competition...more

Jenner & Block

DOJ and FTC Submit Draft Updated Merger Guideline

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On July 19, 2023, the U.S. Department of Justice and Federal Trade Commission released a draft update of the Merger Guidelines and invited public comments. If adopted, the Proposed Guidelines would represent a substantial...more

A&O Shearman

New merger guidelines greatly rewrite the framework for reviewing M&A transactions

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On July 19, 2023, the Federal Trade Commission and Department of Justice Antitrust Division announced sweeping changes to how they review deals. The agencies published new “Merger Guidelines” that identify the competition...more

Stinson LLP

FTC and DOJ Propose Overhaul of Merger Guidelines

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On July 19, 2023, The Federal Trade Commission and the Department of Justice (the agencies) released a draft update of the Merger Guidelines that would significantly overhaul how the agencies review mergers and acquisitions....more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Propose Dramatic Expansion of HSR Filings’ Scope

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) (collectively, the Agencies) jointly released a Notice of Proposed Rulemaking (NPRM) proposing sweeping changes to the premerger filings...more

Kohrman Jackson & Krantz LLP

Possible Anti-Trust Legislation in eCommerce and Amazon’s Plea for Opposition

Up for consideration before the 117th Congress this year is Senate Bill 2992 (S. 2992); known as the American Innovation and Choice Online Act (the eCommerce Antitrust Act). The purpose of the eCommerce Antitrust Act is to...more

Polsinelli

Antitrust Enforcers’ Fourth and Final “Listening Forum” On Merger Reform Highlights Issues In Technology

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In March of this year, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more

Gray Reed

IN THE NEWS: The Potential Overhaul of M&A – Senator Elizabeth Warren’s Prohibiting Anticompetitive Mergers Act

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United States Senator Elizabeth Warren (D-Mass.) and United States Representative Mondaire Jones (D-N.Y.) on March 16, 2022 introduced the Prohibiting Anticompetitive Mergers Act (the “Act”) to ban what they’ve called “the...more

Jones Day

FTC Resurrects Unilateral Preapproval in Merger Investigation Settlements to Halt Future "Anticompetitive" M&A

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What Is the FTC's New "Prior Approval" Policy? At the end of an FTC investigation into the competitive impact of a merger, the agency may (i) take no action (allowing the parties to close), (ii) challenge the transaction...more

Vinson & Elkins LLP

FTC Letter Signals Increased Scrutiny of Oil & Gas M&A Activity

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In a recent exchange of letters with the White House, the chair of the Federal Trade Commission (“FTC”) signaled her intent to ramp up antitrust enforcement in the oil and gas industry. The move comes as part of a broader...more

Epiq

Anticipate Stricter Enforcement Following the New Antitrust Executive Order

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President Biden signed an executive order on July 9 that will have a major influence on the U.S. economy. The order targets antitrust and competition issues present in several major industries including technology, finance,...more

Tucker Arensberg, P.C.

The “Promoting Competition” Executive Order: How Can Companies Comply with a “Right to Repair”?

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President Biden’s July 9, 2021 Executive Order “Promoting Competition in the American Economy,” sets out a policy to encourage market competition by encouraging cooperation between federal agencies and creating the White...more

Cadwalader, Wickersham & Taft LLP

The President’s Competition Order – One Week On

On July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “Order”).  The Order responds to what the President characterizes as a “failed experiment” in lax antitrust...more

Womble Bond Dickinson

Biden Administration Issues Sweeping Executive Order to Foster Competition

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This afternoon, President Biden signed a landmark executive order aimed at promoting economic competition by limiting the power of large corporations. The sweeping executive order includes 72 initiatives across more than a...more

Jones Day

Biden Administration Executive Order Would Expand Regulatory Intervention in Markets Across the Economy

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President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation...more

Stinson LLP

Antitrust Update: Despite Administration's Rhetoric, No Major Enforcement Changes are Imminent

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In recent weeks, the Biden administration issued two well-publicized messages about antitrust enforcement. These messages received significant media attention, with major news outlets reporting on the administration's...more

Womble Bond Dickinson

Competition and Antitrust Law Enforcement Act Proposes Wholesale Changes to U.S. Antitrust Law

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Executive Summary: Congress is considering proposed legislation would substantially rewrite U.S. antitrust law. If approved, the “Competition and Antitrust Law Enforcement Act of 2021” would increase the compliance burden on...more

WilmerHale

117th Congress Takes Early Steps Towards Antitrust Reform

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Critics of modern antitrust enforcement have been building momentum towards antitrust reform over the last several years. In the first week of February 2021, several members of Congress signaled that bipartisan legislative...more

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