News & Analysis as of

Federal Trade Commission (FTC) Defense Sector

WilmerHale

Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

WilmerHale on

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more

Latham & Watkins LLP

US Federal Judge: Efficiencies Analysis Inadmissible in Antitrust Merger Trial

Latham & Watkins LLP on

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

Hogan Lovells

A Survey of President Biden’s Executive Order on Promoting Competition in the American Economy

Hogan Lovells on

It has been one year since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy.  The Executive Order outlines a “whole-of-government” approach to...more

Cadwalader, Wickersham & Taft LLP

FTC Sues to Block Lockheed’s Proposed Acquisition of Aerojet Rocketdyne in Milestone Defense Industry Vertical Challenge

The Federal Trade Commission (“FTC”) filed suit yesterday to block Lockheed Martin Corporation’s proposed $4.4 billion acquisition of Aerojet Rocketdyne Holdings Inc., announced back in December 2020. Aerojet, the last...more

McDermott Will & Emery

Aerospace and Defense Series: DOJ and FTC Vertical Merger Guidelines Will Impact Government Contractors

McDermott Will & Emery on

Last month, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) released updated Vertical Merger Guidelines in draft form. These guidelines provide a useful resource for aerospace and defense...more

Clark Hill PLC

Window On Washington - Vol. 4, Issue 3

Clark Hill PLC on

Outlook for This Week in the Nation’s Capital - Congress. The House is in recess this week and the Senate will begin the impeachment trial later this afternoon. ...more

McDermott Will & Emery

Aerospace & Defense Series: Antitrust Risks for Aerospace and Defense Contractors in Employment Practices

McDermott Will & Emery on

As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton...more

McDermott Will & Emery

Aerospace & Defense Series: Behavioral Remedies Remain a Viable Solution for Vertical Mergers in the Defense Industry

McDermott Will & Emery on

The recent FTC decision in the Northrop Grumman / Orbital ATK matter has shed light on the agency’s vertical merger enforcement policy and outlined a path to antitrust merger clearance for the Aerospace and Defense industry....more

Hogan Lovells

Top M&A developments in 2017 for ADG companies

Hogan Lovells on

We expect 2017 M&A activity in the aerospace, defense, and government services (ADG) industry sector to equal or surpass 2016 M&A activity. Although 2016 M&A activity was down both by volume and value over 2015 it was...more

McDermott Will & Emery

Aerospace & Defense Series: Implications of the FTC / DOJ Statement on Preserving Competition in the Defense Industry

McDermott Will & Emery on

In Depth - On April 12, 2016, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) issued a joint statement to explain their “standard of review under the antitrust statutes of proposed transactions...more

Eversheds Sutherland (US) LLP

Unusual Antitrust Agencies’ Guidance on Defense Mergers

The Department of Justice (Justice) and the Federal Trade Commission (FTC) today issued an unusual joint statement that highlighted their continued commitment to preserve defense industry competition by closely reviewing...more

Eversheds Sutherland (US) LLP

New Defense Department Guidance on Mergers and Acquisitions

On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared...more

McDermott Will & Emery

Aerospace & Defense Series: Leading Antitrust Considerations for M&A Transactions

McDermott Will & Emery on

Aerospace and defense contractors engage in a wide range of mergers, acquisitions and joint venture transactions. Like all companies, aerospace and defense contractors need to be sensitive to antitrust considerations that...more

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