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Acquisitions Federal Trade Commission (FTC) Antitrust Litigation

Holland & Knight LLP

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

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District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more

Bass, Berry & Sims PLC

Court Dismisses “Roll-Up” Lawsuit against Private Equity Firm in Blow to FTC

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On May 13, a federal district court in Texas dismissed private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) from an antitrust lawsuit filed by the Federal Trade Commission (FTC). The lawsuit, which was...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

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The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

Wilson Sonsini Goodrich & Rosati

Issues at Check Out: FTC Challenges Kroger’s Acquisition of Albertsons with Novel Theories About Labor Market Harm and Adequate...

On February 26, 2024, the Federal Trade Commission (FTC), alongside Attorneys General from eight states and the District of Columbia, initiated legal action to block Kroger’s $24.6 billion acquisition of Albertsons. The...more

Wilson Sonsini Goodrich & Rosati

2023 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report...more

Ervin Cohen & Jessup LLP

FTC Sues to Stop $24.6 Billion Kroger-Albertsons Deal

On February 26, 2024, the Federal Trade Commission (“FTC”) issued an administrative complaint and authorized a lawsuit in federal court to block Kroger Company’s proposed $24.6 billion acquisition of the Albertsons Companies,...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - January 2024

WilmerHale on

Illumina Agrees to Unwind Acquisition of Grail Following Fifth Circuit Decision.  On December 15, 2023, the Fifth Circuit vacated the FTC’s order that Illumina unwind its acquisition of Grail—a developer of a multi-cancer...more

Holland & Knight LLP

State Action Immunity Trumps Federal Pre-Merger Notification Requirements

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The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more

Snell & Wilmer

FTC Challenges Private Equity Roll-Up Acquisition Strategy

Snell & Wilmer on

A recent U.S. Federal Trade Commission (“FTC”) antitrust lawsuit against a private-equity owner of a large anesthesiology practice in Texas demonstrates that the FTC has begun to implement its more aggressive focus on the...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - September 2023

WilmerHale on

This marks the first issue of WilmerHale’s The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences, a monthly bulletin that will highlight developments in the antitrust and life sciences space. We will...more

Jenner & Block

Recent US Antitrust M&A Developments - February 2023

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Aggressive merger enforcement continued through the end of 2022, with the agencies having mixed results in the courts. With several high-profile investigations still pending, the expectation is for aggressive enforcement to...more

Latham & Watkins LLP

US Federal Judge: Efficiencies Analysis Inadmissible in Antitrust Merger Trial

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A recent US federal district court ruling finding a defendant’s evidence of cost savings inadmissible could change how efficiencies evidence is presented in merger cases. A US federal district court ruling last month has...more

Fenwick & West LLP

FTC’s Ambitious Challenge to Meta VR Deal Possesses Sweeping Implications for Tech M&A

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FTC Suit Aspires to Chill M&A-Based Growth by Larger Tech Firms - Federal Trade Commission Chair Lina Khan has consistently criticized past FTC leadership for being too lenient with Big Tech M&A activity, and for not...more

Fenwick & West LLP

Bedoya Confirmation to FTC Empowers Chair Lina Khan to Pursue Progressive Agenda

Fenwick & West LLP on

After months of partisan deadlock, this week Georgetown law professor and privacy scholar Alvaro M. Bedoya was confirmed by the Senate to serve as a member of the Federal Trade Commission (FTC). Bedoya’s confirmation gives...more

McDermott Will & Emery

Heard on Day One of 2022 Antitrust Law Spring Meeting

This week, the American Bar Association’s Antitrust Law Section kicked off its annual Spring Meeting in Washington, DC, which features updates from the antitrust enforcers and substantive discussions on today’s most pressing...more

Bradley Arant Boult Cummings LLP

2021 AHLA Year in Review: Antitrust

I. ANTITRUST (Updated January 2022) - A. M&A - 1. Provider Merger Enforcement - a. Hackensack Meridian Health/Englewood Healthcare Foundation - • In December 2020, the FTC sued to block Hackensack Meridian...more

Epiq

Planning a Merger? Make Sure to Review the Annual Antitrust Enforcement Update

Epiq on

Every year, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division submit a report to Congress thoroughly summarizing merger investigation and enforcement efforts targeting transactions that...more

Wilson Sonsini Goodrich & Rosati

Distribution Merger Challenges at the FTC

In recent years, the Federal Trade Commission (FTC) has launched significant investigations into mergers between distributors, with the merging parties resolving the FTC’s concerns through consent, by abandoning the...more

Association of Certified E-Discovery...

[Webinar] The Dynamics of Antitrust Agency Investigations: A Second Request Update - October 14th, 12:00 pm - 1:00 pm ET

HSR Act-driven Second Request responses require an uncommon balance of understanding, expertise, and experience to successfully deliver certified compliant responses. Recent FTC and DOJ updates, coupled with the increasing...more

Cozen O'Connor

AGs’ Expanding Focus Due To COVID-19 | New Antitrust Guidelines | AG Sues Timeshare Exit Companies

Cozen O'Connor on

2020 AG Elections- Utah Attorney General Fends Off Challenger in Republican Primary- •Incumbent Utah AG Sean Reyes won the July 2, 2020 Republican primary for AG over challenger David Leavitt. •AG Reyes will face...more

A&O Shearman

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

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Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

Jones Day

Antitrust Alert: FTC Merger Settlement Exposes Rift Over Antitrust Merger Enforcement

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The Federal Trade Commission, by a 3-2 party-line vote, has settled a vertical merger challenge in exchange for the merging companies' behavioral commitments. The decision and Commissioner statements signal tension for FTC...more

Bracewell LLP

FTC Decision Highlights Growing Divide on Vertical Mergers

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The past couple of years have seen an increase in large “vertical” mergers, combinations of businesses operating within the same industry but at different levels of the supply chain. Some of the most high profile include...more

McDermott Will & Emery

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

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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

Wilson Sonsini Goodrich & Rosati

Lessons from the AT&T/Time Warner Decision

On October 22, 2016, AT&T announced its $108 billion proposed acquisition of Time Warner. After a year-plus investigation, the Department of Justice (DOJ) filed suit to enjoin the merger, alleging that the transaction would...more

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