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Merger Challenges Department of Justice (DOJ)

Lowenstein Sandler LLP

Fiscal Year 2022 Hart-Scott-Rodino Annual Report Provides Data on Antitrust Merger Enforcement for First Full Fiscal Year of Biden...

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The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through...more

King & Spalding

Buyers Beware: An Increased Risk of Private Merger Challenges

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On February 18, 2021, the Fourth Circuit affirmed the first court-ordered divestiture arising from a privately litigated merger challenge. The Court also upheld a $36 million damages award (post-trebling) in favor of the...more

Lowenstein Sandler LLP

Cannabis Mergers Skewed Hart-Scott-Rodino Report Data

Lowenstein Sandler LLP on

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released the Hart-Scott-Rodino annual report for fiscal year 2019 on July 8, 2020. For more than 40 years, the data provided in each...more

Foley & Lardner LLP

DOJ Issues Merger Remedies Manual – Structural Remedies “Strongly Preferred”

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On September 3, 2020, the Department of Justice Antitrust Division (DOJ) released a Merger Remedies Manual, updating its 2004 Policy Guide to Merger Remedies. (DOJ’s 2011 Policy Guide to Merger Remedies was withdrawn by DOJ...more

Dechert LLP

Lessons Learned from Sabre/Farelogix and Evonik/PeroxyChem

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On April 8, 2020, Judge Leonard Stark of the U.S. District Court for the District of Delaware denied an injunction requested by the Antitrust Division of the U.S. Department of Justice (“DOJ”) to block Sabre Corp.’s $360...more

Cadwalader, Wickersham & Taft LLP

Buyer Beware: FTC Orders Unwinding of a Consummated Transaction

What happened? On November 6, 2019, the Federal Trade Commission (“FTC”) voted 5-0 to uphold Administrative Law Judge D. Michael Chappell’s initial decision that Otto Bock HealthCare GmbH’s (“Otto Bock”) acquisition of rival...more

Jones Day

Antitrust Alert: First Successful Private Antitrust Merger Challenge Leads to Divestiture Order

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A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor's merger challenge. Although the decision is certain to be appealed, it may embolden...more

Latham & Watkins LLP

DOJ Files Unusual Suit to Unwind a Consummated Merger: 3 Lessons

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The suit of a merger that had already cleared HSR review serves as a reminder that parties should not assume clearance confers immunity from scrutiny. Update: On September 26, 2017, the US Department of Justice’s...more

Perkins Coie

Federal and State Antitrust Enforcement Takeaways From the 2017 ABA Antitrust Law Spring Meeting

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The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In this first of a three-part...more

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