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Continuing to make good on President Biden’s pledge to root out and challenge anticompetitive mergers, the Antitrust Division of the Justice Department and the Federal Trade Commission have asked the public to join the hunt....more
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
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more
On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more
Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), recently delivered remarks at the annual Fordham Competition Law Institute’s International Antitrust Law and...more
On Sept. 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners, Inc. (USAP) and its private equity sponsor, Welsh, Carson, Anderson & Stowe, asserting they crafted a “multi-year anticompetitive scheme” to...more
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
In July, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more
Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more
The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory...more
Yesterday, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (the “Agencies”) jointly issued a draft update of their Merger Guidelines intended to describe and guide the Agencies’ review of...more
The Department of Justice Antitrust Division and Federal Trade Commission issued new draft Merger Guidelines on July 19 that aim to significantly increase scrutiny of merger activity. The new Merger Guidelines would replace...more
On October 19, 2022, the Antitrust Division of the Department of Justice announced that seven directors resigned from five different US public company boards of directors following DOJ concerns that their roles violated...more
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
UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY - A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more
The M&A market had a record-breaking year in 2021 with more than $5 trillion in global volume. High private equity activity, a soaring stock market, and low-interest rates contributed to an exceptionally busy landscape, which...more
Federal agencies don’t publish official Second Request transaction numbers until late the following year. But recent trends suggest a high volume of activity for 2021 and 2022, as well as a stricter regulatory and political...more
On March 16, Senator Elizabeth Warren and Representative Mondaire Jones introduced the Prohibiting Anticompetitive Mergers Act in the Senate and the House. The bill provides the Federal Trade Commission (FTC) and Department...more
On January 24, Assistant Attorney General of the Antitrust Division Jonathan Kanter delivered remarks to the New York State Bar Association Antitrust Section. In his speech, Kanter expressed serious concerns over the recent...more
On January 18, 2022, the U.S. Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division (the agencies) launched a joint public inquiry to modernize and strengthen merger enforcement. In...more
A blog post from the Federal Trade Commission (“FTC”) on Tuesday was the latest announcement suggesting that a shake-up is underway for the agency’s merger review process. The post stated that the FTC’s Bureau of Competition...more
On July 9, 2021, President Biden signed a sweeping new Executive Order (“the Order”) with the stated goal of increasing competition in American markets. Like the recently issued Executive Order on Improving the Nation’s...more
On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more