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With the Republicans gaining control of the Senate in yesterday's elections, there is a greater chance that Congress may enact reforms to the merger approval process. Currently, there is a bill pending in the House that...more
On September 10, the House Judiciary Committee passed, by voice vote, legislation to eliminate certain disparities to antitrust review by the Department of Justice (DOJ) and the Federal Trade Commission (FTC). The Standard...more
On April 9, 2014, the U.S. Senate confirmed Terrell McSweeny to serve as FTC Commissioner. Commissioner McSweeny will join Commissioners Edith Ramirez and Julie Brill as the third Democratic member of the five-member Federal...more
Parties required to file premerger notification in Ukraine should coordinate closely with authorities and plan additional time for the review process in light of recent political events. I anticipate that recent political...more
Earlier this year, the Supreme Court issued its decision in FTC v. Phoebe Putney Health System, Inc., 133 S.Ct. 1003 (2013), which held that the state action antitrust immunity doctrine applies only when the state legislature...more
On October 24, 2013, Governor Andrew Cuomo signed what we believe is the first post-Phoebe Putney statute (see FTC v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013)), extending the State’s antitrust immunity to...more
Two years into the Obama Administration, we have enough of a record on merger enforcement to pause and consider whether anything much has changed, and what this record has to say about the likely course of enforcement in the...more
As antitrust veterans know, no matter how much a new administration may want to change how antitrust is enforced, the bulk of the agencies’ enforcement agenda remains relatively constant from one administration to the next....more
During the presidential campaign, now-President Obama vowed to “reinvigorate antitrust enforcement.” He sharply criticized the Bush administration as having the “weakest record of antitrust enforcement of any...more
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