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New US Merger Guidelines Signal Continued Aggressive Merger Enforcement at DOJ, FTC

The US Department of Justice (DOJ) and Federal Trade Commission (FTC) released new Merger Guidelines on December 18, 2023—dramatically expanding the number and type of transactions that the agencies will consider...more

District Court: Hospital Merger Is Exempt from HSR Filing Under State Action Doctrine

A US district court judge, in a case of first impression, recently held that Louisiana Children’s Medical Center’s acquisition of three New Orleans–area hospitals from HCA Healthcare, Inc. was exempt from both the federal...more

FTC Sues Private Equity Firm Over Alleged Anticompetitive Scheme Involving Roll-up Acquisitions

The US Federal Trade Commission is suing US Anesthesia Partners Inc. and its private equity founder for allegedly enacting an anticompetitive scheme to gain market power through a series of roll-up acquisitions....more

How US Regulatory Changes Are Impacting the Way Sovereign Wealth Funds Invest

Several US regulatory agencies have proposed or enacted new rules in 2023 aimed at making the investment process more transparent. Many of those changes, including amendments to the Investment Advisers Act of 1940 by the US...more

California, Illinois, Minnesota: Latest States to Enact ‘Mini-HSR Acts’ for Healthcare Deals

California, Illinois, and Minnesota are the latest states to enact laws requiring merging parties in healthcare-related transactions to notify state agencies and observe waiting periods (anywhere from less than 30 days to...more

New HSR Form Will Transform the US Merger Review Process

The Federal Trade Commission (FTC) has proposed sweeping new Hart­-Scott-Rodino Act (HSR) rules along with a new proposed HSR form that would completely change the HSR process. The proposed form—which the FTC prepared in...more

Federal Trade Commission Announces Expanded Enforcement Authority Under Section 5 of the FTC Act

The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the scope of Section 5 of the FTC Act on November 10, 2022. The updated guidance expands what the FTC may consider to be “unfair”...more

Antitrust Law: 2012 Highlights

In 2012, the Antitrust Division (Division) of the U.S. Department of Justice won several significant convictions, both at trial and through guilty pleas, while the merger enforcement efforts of the Division and the Federal...more

Antitrust Enforcement in President Obama’s Second Term

New leadership at the antitrust agencies is unlikely to change policies or priorities. Regardless of which political party wins a presidential election, the election cycle coincides with turnover in the leadership of...more

11/19/2012
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