News & Analysis as of September 18, 2024

Department of Justice (DOJ)

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Antitrust M&A Snapshot | Q2 2024

McDermott Will & Emery on 7/29/2024

UNITED STATES - - Agencies Revisiting Consummated Mergers - What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more

Antitrust M&A Snapshot - Q1 2024

McDermott Will & Emery on 5/3/2024

UNITED STATES - New Merger Guidelines Deployed - The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more

Antitrust in focus March 2024

A&O Shearman on 4/2/2024

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

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

BCLP on 3/27/2024

At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

Antitrust & Competition Technology 2023 Year in Review

Goodwin on 3/26/2024

Antitrust actions significantly impacted the technology sector in 2023 and are poised to have substantial repercussions in the future, affecting both major tech companies and emerging enterprises. In addition to a focus on...more

European Commission Merger Policy Speech Reflects Alignment with US Agency Policy, Pre-2021

Axinn, Veltrop & Harkrider LLP on 3/21/2024

Today's speech by Guillaume Loriot -- the EC's Deputy Director General for Mergers -- is worth a read. Without agreeing necessarily with all of the enforcement decisions described therein, it is striking how much the speech...more

Antitrust M&A Snapshot - Q4 2023

McDermott Will & Emery on 2/14/2024

IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on...more

Global merger control trends

White & Case LLP on 2/9/2024

Global merger control enforcement has become more interventionist across Europe, the US, Middle East and Australia, with antitrust regulators increasingly inclined to scrutinize and challenge mergers. Against the backdrop of...more

2024 Top-of-Mind Issues for Life Sciences Companies

Sheppard Mullin Richter & Hampton LLP on 1/26/2024

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...more

An Expert Look at the 2023 Merger Guidelines

TransPerfect Legal on 1/4/2024

Last month, the United States Department of Justice (DOJ) and Federal Trade Commission (FTC) issued the 2023 Merger Guidelines, a draft of which was published in July. During TransPerfect Legal’s Antitrust Clearance & Merger...more

2024 Insights: Antitrust

Skadden, Arps, Slate, Meagher & Flom LLP on 12/15/2023

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge The DOJ and FTC continue to pursue an aggressive merger enforcement agenda with new merger guidelines and filing requirements....more

EU and UK Merger Regulators Look Beyond Horizontal and Vertical, With Digital ‘Ecosystems’ a New Focus

Skadden, Arps, Slate, Meagher & Flom LLP on 12/14/2023

Key Points - - EU competition regulators are increasingly considering “ecosystems” of products and services in their analysis of the competitive impact of mergers — a framework that often does not fit with the historical...more

A View from Abroad: Unpacking DOJ’s M&A Safe Harbor Policy, Part II

White & Case LLP on 12/4/2023

On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews

Skadden, Arps, Slate, Meagher & Flom LLP on 11/14/2023

As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...more

DAMITT Q3 2023: Merger Control Is a Marathon, Not a Sprint

Dechert LLP on 10/31/2023

United States - All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Four of the last five quarters have now concluded without any consent agreements, demonstrating the...more

Antitrust in focus - October 2023

A&O Shearman on 10/30/2023

The Foreign Subsidies Regulation (FSR) establishes a new regime, enforced by the European Commission (EC), to regulate subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU...more

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on 9/29/2023

Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

The Informed Board - Summer 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 9/7/2023

Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more

Antitrust & Competition Technology Quarterly Update - Q2 2023

Goodwin on 8/25/2023

Antitrust enforcers remained active across the globe, with the announcement by the FTC and DOJ of proposed guidelines that have an emphasis on tech mergers in the United States, and several investigations of major tech deals...more

Antitrust M&A Snapshot - Q2 2023

McDermott Will & Emery on 7/31/2023

APRIL – JUNE 2023: KEY THEMES AND TAKEAWAYS - UNITED STATES - • Federal Trade Commission Unveils Proposal Detailing Significant Changes to Hart-Scott-Rodino Act Merger Notifications On June 27, 2023, the Federal Trade...more

DAMITT Q2 2023: When Avoiding Settlements, Does Merger Enforcement Settle for Less?

Dechert LLP on 7/27/2023

All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Three of four quarters over the last year have now concluded without any consent agreements, demonstrating the agencies’...more

Antitrust in focus - June 2023

A&O Shearman on 7/3/2023

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Francesca Miotto, partner based in Brussels, is our editor this month (learn more about Francesca in our Q&A feature...more

Antitrust in focus - May 2023

A&O Shearman on 5/26/2023

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Pieter Huizing, partner based in Amsterdam, is our editor this month (learn more about Pieter in our Q&A feature at...more

Antitrust M&A Snapshot - Q1 2023

McDermott Will & Emery on 4/21/2023

UNITED STATES - Wilson Resigns as FTC Commissioner - On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more

Theories of Harm: Common Ownership - where the Greeks walk the world follows?

BCLP on 3/17/2023

In this article we discuss the evolving global attention towards a less common theory of harm: common ownership. We conclude by assessing the notably bullish approach taken by the Hellenic Competition Commission (the “HCC”),...more

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