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Mergers Department of Justice (DOJ) Competition

A&O Shearman

How will the Trump administration impact M&A?

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M&A practitioners anticipate a ‘Trump bump’ - The scale of Donald Trump’s victory in the presidential election – and the fact the Republicans now have full control of Congress – has been greeted with optimism by U.S....more

Stoel Rives LLP

DOJ Antitrust Division’s Updated Guidance on Evaluating Corporate Compliance Programs

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The U.S. Department of Justice Antitrust Division recently updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (the “Guidance”). This Guidance updates the 2019 guidance to federal...more

A&O Shearman

Antitrust in focus - November 2024

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New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

Wilson Sonsini Goodrich & Rosati

In Case You Missed It: The ABA Antitrust Section's Fall Forum

On November 14, 2024, the American Bar Association (ABA) held its annual Antitrust Fall Forum in Washington, D.C., co-chaired this year by Wilson Sonsini partner Taylor M. Owings. The Forum was a chance for the antitrust bar...more

Dechert LLP

Global Regulatory Headwinds: PE Firms Prepare for Increased Antitrust Oversight

Dechert LLP on

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

Cohen & Gresser LLP

Antitrust Without Effect: Some Recent Case Studies

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The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework...more

Axinn, Veltrop & Harkrider LLP

Takeaways from the FTC’s Victory in the Tapestry/Capri “Accessible Luxury Handbags” Merger Challenge

Many observers viewed the FTC’s case challenging the Tapestry/Capri merger based on a relevant product market of “accessible luxury handbags” with skepticism. The market definition seemed (and still seems) gerrymandered to...more

Morgan Lewis

FTC Issues Notice of Its Withdrawal from Cross-Agency Merger Review Agreement

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The Federal Trade Commission (FTC) on September 27, 2024 unexpectedly withdrew from a recently established Memorandum of Understanding (MOU) with the US Department of Justice Antitrust Division (DOJ), US Department of Labor...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Blocks Tapestry/Capri ‘Affordable Luxury’ Deal, but Court Applies Traditional Horizontal Merger Analysis

On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael Kors. ...more

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

HaystackID

FTC and DOJ Report on Merger Trends in 2023: A Year of Big Deals and Big Scrutiny

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The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have released the 2023 Hart-Scott-Rodino (HSR) Annual Report, offering key insights into merger activity over the past fiscal year. The report sheds light...more

Cooley LLP

DOJ Hits Venue Services Group With $3.5 Million HSR Gun-Jumping Penalty

Cooley LLP on

The US Department of Justice (DOJ) filed a complaint and proposed consent decree alleging that Legends Hospitality Parent Holdings prematurely acquired beneficial ownership – often referred to as “gun jumping” – in connection...more

Jackson Lewis P.C.

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

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On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on...more

Wilson Sonsini Goodrich & Rosati

Back to School: Antitrust Reminders for Due Diligence and Pre-Closing Conduct

Information exchanges and integration planning are a vital component of the due diligence process when companies are considering acquisitions, mergers, joint ventures, or any other business decision involving another party....more

Sheppard Mullin Richter & Hampton LLP

U.S. Federal Antitrust Agencies Announce Cooperation Initiative with Labor Agencies in Merger Review

On August 28th, the Federal Trade Commission (the “FTC”) and the Department of Justice Antitrust Division (the “DOJ”) (the “Antitrust Agencies”), together with the Department of Labor (the “DOL”) and National Labor Relations...more

Goodwin

Google is an Illegal Monopoly, Federal Court Rules

Goodwin on

Following a nine-week bench trial starting in September 2023 and closing arguments in May 2024, District of Columbia district court judge Amit Mehta ruled on August 5, 2024, that Google illegally maintained its monopoly in...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

A&O Shearman

U.S. DOJ seeks rare $3.5 million “gun jumping” penalty against Legends Hospitality for pre-closing conduct in connection with its...

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On August 5, 2024, the United States Department of Justice (“DOJ”) filed a rare[1] gun jumping[2] civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against Legends...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q2 2024

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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

Vinson & Elkins LLP

Antitrust and AI Issues Continue to Mold Corporate Landscape

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Antitrust issues have cut deeply into the corporate landscape, and this year is shaping up for more of the same. Generative artificial intelligence, merger enforcement, and trial risks stand out as three of the most important...more

WilmerHale

Balancing Act: Navigating Nuances in Labor Market Enforcement

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In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more

Dickinson Wright

Ramping Up: Antitrust Enforcement in Health Care

Dickinson Wright on

Originally published in Healthcare Michigan, Volume 41, No. 6 - It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is...more

McGuireWoods LLP

Ten Action Items for Healthcare Portfolio Companies in 2024

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The investor-backed provider community may be feeling pressure and facing scrutiny from various angles in 2024, as federal and state agencies implement complex pre-closing review processes for healthcare transactions from an...more

MoginRubin LLP

As Feds Stalk Anticompetitive Mergers, What Can Competitors Do?

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Continuing to make good on President Biden’s pledge to root out and challenge anticompetitive mergers, the Antitrust Division of the Justice Department and the Federal Trade Commission have asked the public to join the hunt....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

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