Antitrust & Trade Regulation Mergers & Acquisitions

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Aetna and Humana Go to Battle With Regulators Over Multi-Billion Dollar Merger

The trial over Aetna and Humana's $37 billion proposed merger kicked off today in a Washington, D.C. federal court. At issue is whether the companies' merger would substantially lessen competition in the market for...more

Regulatory and business challenges to fintech M&A

Fintech's wealth of opportunities is attracting interest—yet the uncertainty of its future direction means the financial services industry needs to tread carefully. As exciting as the growth of fintech has been over the...more

President Applies Authority under CFIUS to Prohibit Acquisition of the U.S. Business of A German Technology Company by A...

As we discussed in a recent alert, the Committee on Foreign Investment in the United States (CFIUS) refused to approve the proposed $710 million acquisition of Aixtron GE, a German-based technology company, by Grand Chip...more

"FTC and DOJ Announce HSR-Related Changes"

On November 28, 2016, the Premerger Notification Office of the Federal Trade Commission (PNO) and the Antitrust Division of the Department of Justice (DOJ) both announced potentially important changes in the way the agencies...more

Aerospace and Defense Series: Trump Administration—Potential for Increased Antitrust Leniency for Vertical Transactions in the...

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

HSR: Newly Expanded 4(c) and 4(d) Requirements

The Premerger Notification Office of the Federal Trade Commission announced on November 28, 2016, that they were revoking previous informal advice regarding the scope of Items 4(c) and 4(d) of the HSR Form. In the past, the...more

Getting the Deal Through — Electricity Regulation 2017: United Kingdom

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Government policy - Following the EU Referendum held on 23 June 2016, a new prime minister was appointed...more

Look Before You Leap: Cautionary Tale of a Non-Reportable Transaction

The list of non-reportable transactions challenged after the fact by the Department of Justice and the Federal Trade Commission continues to grow. Most recently, the FTC sued Valeant Pharmaceuticals International Inc. to...more

The French Competition Authority imposes record fine for gun jumping practices

On 8 November 2016, the French Competition Authority (FCA) published a press release announcing that it imposed a fine of EUR 80 million on the Altice Group (Altice Luxembourg and SFR Group) for implementing two transactions...more

New barriers to foreign investment in UK strategic infrastructure

Following the government's recent decision to proceed with the Hinkley Point C nuclear power station project (Hinkley Point), ministers are planning a new legal framework for future foreign investment in Britain's critical...more

Competition News November 2016

Gun jumping in France: penalty imposed by the French Competition Authority on early partial completion of two mergers prior to their authorization - By a decision not yet published, issued on November 8, 2016 by the...more

National security reviews: A global perspective — Germany

The trend is towards higher scrutiny of inbound transactions by the Federal Ministry for Economic Affairs and Energy. Generally, German law provides for a liberal investment climate and only very limited restrictions on...more

Brussels Regulatory Brief: November

The European Commission (“Commission”) has recently published statistics concerning the European Union (“EU”) merger control review process. Typically, the Commission examines larger mergers with an EU dimension, meaning that...more

National security reviews: A global perspective — Australia

Australia requires a wide variety of transactions involving foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the...more

National security reviews: A global perspective — Russian Federation

Russia targets 45 "strategic activities" that trigger a national review. The Government Commission on Control Over Foreign Investments in the Russian Federation (the Government Commission), which was established by the...more

Blog: Treatment of M&A Non-solicits and Employee Comp Diligence Under New Antitrust Guidelines

Last month, the FTC and DOJ issued a set of antitrust guidelines addressing certain employment and compensation practices that are most likely to occur in the high-tech and healthcare industries where highly-skilled employees...more

National security reviews: A global perspective — China

China is attempting to implement a more structured and comprehensive system to keep a closer eye on economic deals that might have security implications - A ministerial review panel established by China's Ministry of...more

French Competition Authority imposes a record fine on Altice Luxembourg and SFR Group for implementing the acquisition of SFR and...

In a decision dated 8 November 2016, the French Competition Authority (FCA) has sanctioned jointly Altice Luxembourg and SFR Group and imposed a record fine of 80 million euros for what is known as "gun jumping" practices ie...more

Appeals Court Decisions Strengthen FTC's Hand in Hospital Merger Challenges

The fall of 2016 has proved to be a difficult time for hospitals seeking to complete mergers in the face of antitrust challenges brought by the Federal Trade Commission (FTC). After failing initially to persuade federal...more

First-ever French Fine for Integrating Before Merger Clearance

Altice was fined €80 million for jumping the gun when it acquired SFR and Virgin Mobile/OTL in 2014. Please note that this Client Alert is based on the press release published by the French Competition...more

Germany to Introduce Wider Merger Control Regime to Catch Tech Start-Ups

On 28 September 2016, the German government proposed legislation to amend the Act Against Restraints of Competition (GWB) for the ninth time. Presuming that it will pass the further steps required, the proposed amendment is...more

Developments in Merger Control: It Ain't Over 'til It's Over

Two recent enforcement actions are reminders that there are antitrust risks to be addressed after the deal is signed and even after it has closed. In the United States, the Federal Trade Commission (FTC) challenged Valeant...more

"Looking Ahead: The U.S. Legal and Regulatory Environment Under a Trump Administration"

Election Day brought an end to a long period of uncertainty that caused market fluctuations and delayed business planning decisions. As we navigate the post-election landscape, many questions remain regarding the potential...more

FTC Wins Hospital Merger Challenge in the Seventh Circuit

On October 31, 2016, the U.S. Court of Appeals for the Seventh Circuit overturned a district court decision that denied a motion by the Federal Trade Commission (FTC) and Illinois Attorney General (IL AG) to block the...more

French Competition Authority Imposes Its First Ever Fine for Gun-Jumping

For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been notified to the FCA but not yet received a clearance decision, behaviour...more

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