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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

[Webinar] What You Need to Know About the Revised Merger Guidelines - July 26th, 12:30 pm - 1:30 pm EDT

The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory...more

Antitrust M&A Snapshot - Q1 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

Antitrust M&A Snapshot - October 2021 Q3

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

DOJ Issues Antitrust Guidance on Competitor Collaboration to Combat COVID-19

A recent business review letter issued by the US Department of Justice Antitrust Division to five pharmaceutical and medical/surgical distributors offers insights into the antitrust enforcers’ views on competitor...more

HSR Update – Early Termination Is Again An Option

In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system...more

FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor

The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more

FTC and DOJ Draft Vertical Merger Guidelines Provide Additional Transparency to Agency Practice

For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical Merger Guidelines to explain...more

Three Lessons from AT&T/Time Warner and Three Strategies for Future Vertical Transactions

The challenges that the government faces in litigating vertical mergers was illustrated in the DOJ’s recent loss in its challenge of AT&T’s proposed acquisition of Time Warner. The result provides guidance for how companies...more

FTC Increases Notification Thresholds under the Hart-Scott-Rodino Act and Clayton Act Section 8

The US Federal Trade Commission recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors...more

THE LATEST: Enforcers Continue Recent Focus on Innovation Concerns with Emerson/Pentair Consent Agreement

The FTC’s recent consent agreement addressing concerns regarding Emerson Electric Co.’s (Emerson) acquisition of Pentair Plc (Pentair) demonstrates a continued focus on whether transactions will reduce the incentive for...more

Antitrust M&A Snapshot - April 2017

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

Flurry of Antitrust Merger Enforcement Actions as Obama Presidency Comes to a Close

The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced several antitrust enforcement actions in advance of the inauguration of President Trump, including settlements for...more

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $80.8 million

Pursuant to the amendments passed by the US Congress in 2000, the FTC announced revised thresholds for HSR pre-merger notifications on January 19, 2017. These increased thresholds will become effective 30 days following...more

FTC Consent Agreement with Par Petroleum Demonstrates Increased Agency Focus on Competitive Effects

On March 18, 2015, the Federal Trade Commission (FTC) ordered Par Petroleum Corporation to terminate its storage and throughput rights at a key gasoline terminal in Hawaii. This action will settle FTC charges seeking to...more

Aerospace & Defense Series: Leading Antitrust Considerations for M&A Transactions

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

“Gun-Jumping” Companies Must Pay $3.8 Million in Fines and Disgorge $1.15 Million in Illegally Obtained Profits

Recently the Antitrust Division of the U.S. Department of Justice (DOJ) reached a $5 million settlement with Flakeboard America Limited, its parents and SierraPine to settle allegations that the parties engaged in...more

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust...

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

Aerospace and Defense Series: Leading Antitrust Considerations for Teaming Agreements

This newsletter identifies when “teaming agreements” between contractors will raise antitrust issues, and suggests some practice tips for evaluating or defending those arrangements....more

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