News & Analysis as of

Joint Venture Antitrust Provisions

A&O Shearman

Illinois District Court Dismisses Antitrust Case Alleging Monopolization Of Transportation Services For Canadian Crude Oil In...

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On January 13, 2025, the United States District Court for the Northern District of Illinois granted defendant’s motion to dismiss plaintiff’s claim that it monopolized the market for “Canadian crude oil transportation...more

McDermott Will & Emery

FTC Publishes Annual Merger Notification Jurisdictional Threshold and Filing Fee Adjustments

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On January 10, 2025, the Federal Trade Commission (FTC) released increased jurisdictional thresholds, filing fee thresholds, and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino Antitrust...more

Foley & Lardner LLP

FTC and DOJ Withdraw Guidelines for Collaborations Among Competitors

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On December 11, 2024, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (together, “the Agencies”) jointly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (“Guidelines”)....more

Stinson LLP

FTC and DOJ Withdraw More Guidance Leaving the State of Collaborative Projects Less Clear

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On Dec. 11, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice's (DOJ) Antitrust Division announced the withdrawal of their decades-old guidelines regarding collaboration among competitors. The...more

Faegre Drinker Biddle & Reath LLP

Joint Ventures, Industry Groups, Trade Associations and Other Business Collaborations Face Increased Legal Uncertainty as...

On December 11, 2024, the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors...more

Wilson Sonsini Goodrich & Rosati

DOJ and FTC Withdraw Antitrust Guidelines for Competitor Collaborations

For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more

A&O Shearman

Polish Competition Authority clarifies merger control rules on notification of extraterritorial joint ventures

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In a much-anticipated move, the Polish Competition Authority's (PCA) revised guidelines on the criteria and procedure for notifying the intention of a concentration (Guidelines) have clarified the criteria for mandatory...more

Wilson Sonsini Goodrich & Rosati

Improper Venu Sports: Southern District of New York Blocks Launch of Sports-Streaming Joint Venture Between Disney, Fox, and...

The Southern District of New York took the extraordinary step of granting competitor Fubo’s effort to preliminarily enjoin the launch of “Venu Sports,” a sports-streaming joint venture between Disney, Fox, and Warner Brothers...more

McDermott Will & Emery

States Want in on the Merger Review Fun

While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale. On July 24, 2024, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Corporate Trends

Global M&A Activity Endures Headwinds in 2023 and Displays Resilience Going Into 2024 - Despite market headwinds, dealmakers have looked to carveouts, spin-offs, joint ventures and other creative deal structures to engage...more

White & Case LLP

Saudi Arabia: New Thresholds for Merger Filings, and New Conditional Approvals

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Saudi Arabia's General Authority for Competition recently announced key changes to its merger control notification thresholds, adding a new local nexus test and a new minimum turnover threshold for the acquired entity. This...more

Stikeman Elliott LLP

Competition Global Guide: Canada Q&A - Merger notification flowchart: Canada

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A Q&A guide to competition law in Canada. The Q&A provides a high-level overview of the antitrust and competition law rules for restraints of trade and dominance, merger control and the legal approach to joint ventures. ...more

McDermott Will & Emery

[Webinar] The Rise of the Payvider: Joint Ventures Between Health Systems and Payors - October 19th, 1:00 pm - 2:00 pm EDT

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The emergence of joint ventures between health systems and payors is quickly reshaping the healthcare sector as we know it—presenting both new complexities and fresh opportunities for the changemakers involved....more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

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The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Ankura

The Department of Justice’s Withdrawal of Three Antitrust Statements and the Impact on Health Care Organizations

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On February 3, 2023, the Department of Justice Antitrust Division (DOJ) announced the withdrawal of three policy statements that have long guided the information exchanges as well as the related enforcement in the healthcare...more

Stinson LLP

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

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On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as...more

Wilson Sonsini Goodrich & Rosati

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more

Constangy, Brooks, Smith & Prophete, LLP

Sports law may have a partial fix for FTC noncompete ban

The non-statutory labor exemption might help some employers. On January 5, the U.S. Federal Trade Commission issued a proposed rule that, if implemented, would ban nearly all post-employment covenants not to compete...more

Hogan Lovells

SAMR delegates merger review powers

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Yesterday, on 29 August 2022, clearance for the FAW/Refire joint venture transaction was announced on one of the websites of the Chinese antitrust authority – i.e., the State Administration for Market Regulation. That...more

McDermott Will & Emery

Antitrust M&A Snapshot - October 2021 Q3

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JULY – SEPTEMBER 2021: HIGHLIGHTS - UNITED STATES - • The US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of...more

Perkins Coie

FTC Announces 2021 Changes to HSR and Clayton Act Thresholds, Temporarily Suspends Early Termination

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The U.S. Federal Trade Commission (FTC) recently announced reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the Act), will decrease. The Act...more

BCLP

The Application of the Antitrust Laws to Joint Ventures to Be Considered by the Supreme Court

BCLP on

Joint venture analysis remains an area of confusion in antitrust law. Courts have tended to elevate form over substance, misapply economic principles, and lose focus of the basic purposes of the antitrust laws, i.e.,...more

Mintz - Antitrust Viewpoints

Peabody and Arch Coal Walk Away from Joint Venture After District Court Grants FTC’s Request for Preliminary Injunction

On September 29, 2020, Judge Sarah Pitlyk, a 2019 Trump appointee to the Eastern District of Missouri, granted the Federal Trade Commission’s request for a preliminary injunction barring two thermal coal producers, Arch...more

McDermott Will & Emery

Top Takeaways: Permissible Provider Collaborations During COVID-19 and Beyond

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As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more

McDermott Will & Emery

[Webinar] On The Horizon: Permissible Provider Collaborations During COVID-19 and Beyond - May 20th, 12:00 pm - 1:00 pm EDT

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As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more

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