The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful...more
Last month, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) released updated Vertical Merger Guidelines in draft form. These guidelines provide a useful resource for aerospace and defense...more
As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton...more
2/19/2019
/ Aerospace ,
Anti-Competitive ,
Antitrust Violations ,
Criminal Investigations ,
Criminal Prosecution ,
Defense Sector ,
Department of Justice (DOJ) ,
Employment Litigation ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Former Employee ,
Hiring & Firing ,
Human Resources Professionals ,
No-Poaching ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Risk Management ,
Skilled Laborers
The recent FTC decision in the Northrop Grumman / Orbital ATK matter has shed light on the agency’s vertical merger enforcement policy and outlined a path to antitrust merger clearance for the Aerospace and Defense industry....more
6/19/2018
/ Aerospace ,
Antitrust Division ,
Consent Decrees ,
Defense Sector ,
Department of Defense (DOD) ,
Divestiture ,
Enforcement Actions ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Supply Chain ,
Vertical Mergers
President-elect Donald Trump has called for a dramatic increase in defense spending including purchases of new ships and warplanes as well as the addition of tens of thousands of new troops. This increase in spending...more
In Depth -
On April 12, 2016, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) issued a joint statement to explain their “standard of review under the antitrust statutes of proposed transactions...more
Aerospace and defense contractors engage in a wide range of mergers, acquisitions and joint venture transactions. Like all companies, aerospace and defense contractors need to be sensitive to antitrust considerations that...more
It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the...more
This newsletter identifies when “teaming agreements” between contractors will raise antitrust issues, and suggests some practice tips for evaluating or defending those arrangements....more