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Acquisitions Hart-Scott-Rodino Act Corporate Counsel

Wilson Sonsini Goodrich & Rosati

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of...more

Skadden, Arps, Slate, Meagher & Flom LLP

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge

Key Points - - New draft merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm. - Proposed changes to HSR notification will make...more

King & Spalding

2023 M&A Outlook: Recapping Key Takeaways from Dealmaking in 2022 and Navigating New Challenges

King & Spalding on

Coming off record-setting levels in 2021, M&A deal activity cooled in the second half of 2022. A multitude of factors – including soaring inflation, steadily rising interest rates and the higher cost of financing,...more

Fenwick & West LLP

Tech Companies Bear the Brunt of DOJ Push on Interlocking Directorates

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The United States Department of Justice (DOJ) announced last week that directors at several technology companies have resigned as a consequence of the agency’s renewed focus on overlapping board membership between...more

McDermott Will & Emery

DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged

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WHAT HAPPENED - During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement...more

Mintz - Antitrust Viewpoints

In Divided 3-2 Vote, Federal Trade Commission Authorizes Three Omnibus Compulsory Process Resolutions

On August 26, 2022, the Federal Trade Commission (FTC) voted 3-2 to authorize two new omnibus resolutions permitting compulsory process and to revise a third, which was approved last year. These resolutions allow FTC staff to...more

Wilson Sonsini Goodrich & Rosati

FTC Releases Revised HSR Act Jurisdictional Thresholds for 2022

On January 21, 2022, the Federal Trade Commission (FTC) released the revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2022. The FTC is required by law to revise the HSR Act monetary jurisdictional thresholds...more

Mintz - Antitrust Viewpoints

FTC Issues Fines Totaling Nearly $2 Million For Failures To File HSR Notifications

The Federal Trade Commission is closing out the year with vigorous enforcement of the Hart Scott Rodino Antitrust Improvements Act of 1976 (“HSR Act”) by imposing fines totaling nearly $2 million. On December 22, 2021, the...more

Wilson Sonsini Goodrich & Rosati

2020 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2020 Antitrust Year in Review, which provides a summary of the most significant antitrust matters and developments of the past year. The report examines the final...more

Akin Gump Strauss Hauer & Feld LLP

FTC and EC Announce Temporary Procedures for Hart-Scott-Rodino and EU Premerger Notification Filings During COVID-19 Coronavirus...

- As of March 17, 2020, the FTC and DOJ will accept only electronic submissions of HSR notifications (no filings accepted March 16, 2020). - Early termination of the HSR waiting period will not be granted for any HSR filing...more

Bracewell LLP

FTC to Investigate Big Tech's Past Deals and Consider Broadening Merger Notification Requirements

Bracewell LLP on

In an unprecedented move further expanding its ongoing investigation of large technology companies, the Federal Trade Commission (FTC) has ordered Amazon.com, Apple, Facebook, Microsoft and Google to provide details about...more

Epstein Becker & Green

The FTC Explains How It Determines Whether a Transaction Is Structured for the Purpose of Avoiding the Hart-Scott-Rodino Antitrust...

Epstein Becker & Green on

How a transaction gets structured raises a multitude of issues, including whether the transaction might be reportable under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”). Structuring a transaction for the purpose...more

Jones Day

DOJ Merger Challenge Makes Unprecedented Use of Arbitration to Determine Market Definition

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The Situation:The U.S. Department of Justice ("DOJ") has sued to block a proposed acquisition of Aleris Corporation by Novelis Inc. In an unprecedented move, the parties and DOJ agreed to refer the "dispositive" issue of...more

Wilson Sonsini Goodrich & Rosati

Another Shot Across the Bows: EC Levies $32 Million Gun-Jumping Fine on Canon

As the time taken to secure merger control clearances for global transactions lengthens, the parties and their advisers may be tempted to explore alternative deal structures that might allow a transaction to close sooner than...more

McDermott Will & Emery

Antitrust M&A Snapshot - May 2019

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UNITED STATES: JANUARY - MARCH 2019 UPDATE - In the first quarter of 2019, vertical merger enforcement continued to be a hot topic for the US antitrust agencies. The Court of Appeals upheld the district court’s decision in...more

Jones Day

Jones Day Global Merger Control Update - April 2019

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This Jones Day Global Merger Control Update examines recent developments in merger control regimes, as well as anticipated changes to those regimes worldwide. Merger control enforcement has continued to surge around the...more

McDermott Will & Emery

THE LATEST: DOJ Announces New Model Timing Agreement for Merger Investigations

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Consistent with Assistant Attorney General Delrahim’s speech on September 25, 2018, the DOJ released a new Model Timing Agreement which sets out that it will require fewer custodians, take fewer depositions, and commit to a...more

Bracewell LLP

Latest Developments to Affect Antitrust M&A

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The past month has seen interesting developments in the antitrust M&A arena, including the first ever successful private antitrust merger challenge resulting in a divestiture order, and the announcement by the Department of...more

Jones Day

Antitrust Alert: First Successful Private Antitrust Merger Challenge Leads to Divestiture Order

Jones Day on

A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor's merger challenge. Although the decision is certain to be appealed, it may embolden...more

McDermott Will & Emery

DOJ Announces Procedural Reforms Seeking to Resolve Merger Investigations within 6 Months of Filing

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Yesterday, September 24, 2018, Assistant Attorney General Makan Delrahim announced a series of reforms with the express goal to resolve most merger investigations within six months of filing. The reforms seek to place the...more

Jones Day

Jones Day Global Merger Control Update - August 2018

Jones Day on

This Jones Day Global Merger Control Update discusses developments in existing merger control regimes over the first half of 2018, as well as the emergence of new merger control regimes worldwide. Over the past few years,...more

McDermott Will & Emery

Antitrust M&A Snapshot: July – December 2017 Update

McDermott Will & Emery on

United States: July – December 2017 Update - Although delays in antitrust appointments continued throughout the second half of 2017, the Federal Trade Commission (FTC) and Department of Justice (DOJ) continued to actively...more

Perkins Coie

M&A Corporate Buyer Beware: More Antitrust Challenges to Closed Deals

Perkins Coie on

Despite widespread skepticism that antitrust enforcement would be a Trump administration priority, activity has not lessened. In fact, there has been a substantial increase in challenges to mergers and acquisitions that...more

Wilson Sonsini Goodrich & Rosati

DOJ Reminds Companies That Expiration of HSR Waiting Period Is Not Always the Antitrust Agencies' Final Say

On September 26, 2017, the Department of Justice (DOJ) filed a complaint in the U.S. District Court for the District of Delaware challenging Parker-Hannifin Corporation's (Parker's) consummated acquisition of CLARCOR, Inc....more

Skadden, Arps, Slate, Meagher & Flom LLP

"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

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