On December 18, 2023, the Department of Justice ("DOJ") and Federal Trade Commission ("FTC") published in final form the long-awaited 2023 Merger Guidelines. The final 2023 Merger Guidelines adopt—with some significant...more
The US federal government is at risk of a partial shutdown unless Congress can enact appropriations to fund certain federal operations by September 30, 2023. Both the Department of Justice (DOJ) and Federal Trade Commission...more
On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging...more
8/6/2021
/ Acquisitions ,
Antitrust Provisions ,
Buyers ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Sellers ,
Waiting Periods ,
Warning Letters
There have been a number of developments in merger control in 2020 and Q1 2021. Some are related to the repercussions of the COVID-19 pandemic, while others are borne out of the ambitions and changes sought by individual...more
On February 1, 2021, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds.
The FTC is required by law to revise the jurisdictional thresholds...more
Bankruptcy can provide important advantages to companies considering M&A activity today. M&A purchases of bankrupt companies obviously often feature significantly depressed valuations and a small universe of potentially...more
The COVID-19 outbreak has led to changes in how the US and other competition agencies around the world look at competitor collaborations. Despite these policy announcements, antitrust compliance is still a priority, and...more
3/27/2020
/ Antitrust Division ,
Antitrust Provisions ,
Collaboration ,
Competition ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
European Commission ,
European Competition Network (ECN) ,
Federal Trade Commission (FTC) ,
Joint Purchasing Programs ,
State of Emergency ,
Supply Chain
As the rest of the world backed away from the deal table, confident US corporates continued buying businesses—especially in the life sciences and TMT sectors, and particularly in the domestic market.
US dealmakers had a...more
2/1/2020
/ Acquisitions ,
Antitrust Provisions ,
Canada ,
CFIUS ,
Department of Justice (DOJ) ,
Domestic Dealmaking ,
Family Businesses ,
Federal Trade Commission (FTC) ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Global Dealmaking ,
Global Economy ,
Life Sciences ,
Mergers ,
Pharmaceutical Industry ,
Pre-Merger Filing Requirements ,
Private Equity ,
Privately Held Corporations ,
Trade Wars ,
UK ,
United States-Mexico-Canada Agreement (USMCA)
On January 28, 2020, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds....more
1/29/2020
/ Acquisitions ,
Antitrust Provisions ,
Business Valuations ,
Civil Monetary Penalty ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements