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Federal Trade Commission (FTC) Divestiture

Falcon Rappaport & Berkman LLP

Beyond TikTok: Unraveling the American Data Dilemma

The recent passage of H.R.7521, the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), by the House of Representatives aims to restrict TikTok to U.S. users unless the platform’s parent...more

Vinson & Elkins LLP

2023 Chemicals & Energy Antitrust Report

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For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

Axinn, Veltrop & Harkrider LLP

Will the FTC Evade a String of Constitutional Attacks?

Less than two months ago, the FTC faced at least five separate lawsuits challenging the constitutionality of the agency in response to antitrust actions. Last week, three of those have been settled or dismissed, and a fourth...more

Goodwin

Antitrust & Competition Technology Quarterly Update - Q1 2023

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The start of 2023 has been a busy one, with global antitrust agencies advancing investigations and challenging a number of technology acquisitions. Future antitrust enforcement could also be shaped by new digital market...more

Benesch

Dialysis & Nephrology Digest - May 2023

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MedPAC recommends no additional increase in payments for dialysis in 2024 - MedPAC’s report on outpatient dialysis services recommends Congress not increase Medicare payments for dialysis services next year beyond the...more

Holland & Knight LLP

Private Equity Under the Microscope: Taking Stock of the Antitrust Enforcement Environment

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The Biden Administration's aggressive antitrust enforcers have trained their sights on private equity companies. They have signaled through enforcement activities, formal policy statements and informal interviews and speeches...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

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In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Skadden, Arps, Slate, Meagher & Flom LLP

Boards and M&A: Playing, and Winning, the Game of Regulatory Risk

Takeaways - With increasingly aggressive antitrust and foreign investment reviews, directors need to be fully informed about the risks of deals from the beginning of negotiations. Boards should insist that management and its...more

Williams Mullen

Change Can Be Hard: Will the DOJ Antitrust Division’s Loss of Its UnitedHealth/Change Merger Challenge Cause It To Reassess Its...

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​​​​​​​Earlier this year, Assistant Attorney General Jonathan Kanter, who leads the Department of Justice’s (DOJ) Antitrust Division, announced that the Antitrust Division would eschew settlements in merger challenges in...more

White & Case LLP

Private equity firms battle headwinds in H1

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In line with overall M&A activity, US PE dealmaking in H1 lagged behind 2021 in terms of both value and volume. Total deal value of US$415 billion during the first half of the year represents a 28 percent fall...more

Venable LLP

FTC Joins Forces with NLRB to Further Its Gig Economy and Worker Protection Agenda

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We recently discussed the various ways in which the Federal Trade Commission is focusing on worker protections in the gig economy. Though we didn’t have a crystal ball to foresee it, the FTC announced that it is furthering...more

Paul Hastings LLP

Considerations For Private Equity After FTC Vet Clinic Deal

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Private equity firms should take special note of the Federal Trade Commission’s recent consent decree in a deal combining two veterinary service providers, because it may be a bellwether of things to come....more

Goodwin

Recent FTC Enforcement Action Signifies Increased Scrutiny of Private Equity Acquisitions and Imposition of More Onerous...

Goodwin on

On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more

Goodwin

Antitrust + Competition Life Sciences Quarterly Update - Q1 2022

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Despite the aggressive rhetoric, the change in the leadership and composition at the U.S. Federal Trade Commission (FTC) did not result in more enforcement in 2021. As the calendar turned to 2022, the FTC seems to be stepping...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 46

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: 51 Attorneys General Urge FCC to Implement...more

WilmerHale

We Didn’t Like Your Merger, So Please Come Back: FTC Issues New Prior Approval Policy for Challenged and Aborted M&A Transactions

WilmerHale on

The US Federal Trade Commission (FTC or Commission) has announced a new policy to dramatically expand its use of prior approval orders in merger transactions. On October 25, the FTC issued a policy statement (Statement) under...more

Hogan Lovells

FTC establishes broad policy to require prior approval provisions in all merger divestiture orders

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On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more

Cozen O'Connor

The State Ag Report - Volume 7, Issue 26 | July 2021

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: J&J Settles Opioid-Related New York Suit for...more

Cozen O'Connor

FTC Requires Divestiture In $21 Billion Acquisition Of Retail Fuel Chain

Cozen O'Connor on

The Federal Trade Commission (“FTC”) reached a settlement with 7-Eleven, Inc. and Marathon Petroleum Corporation (“Marathon”) to resolve allegations that 7-Eleven’s acquisition of Marathon’s retail fuel chain subsidiary,...more

Cadwalader, Wickersham & Taft LLP

7-Eleven/Speedway: Bumps on the Road to Closing: Are Conventional Closing Conditions Sufficient to Protect Buyer Interests?

In an extraordinary, perhaps unprecedented, action, parties to a proposed deal that had been under investigation for about nine months closed the transaction almost immediately upon expiration of the Hart-Scott-Rodino (“HSR”)...more

Snell & Wilmer

Fourth Circuit Affirms Divestiture Order in Antitrust Challenge Brought by Private Party Against Acquisition

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In an unprecedented move, the Fourth Circuit in Steves and Sons Inc. v. JELD-WEN Inc. recently affirmed an order requiring a company to unwind the acquisition of competitor business in connection with an antitrust action...more

BCLP

A New Wrinkle in Antitrust Litigation - Private Plaintiff Forces Divestiture

BCLP on

On February 18, 2021, the Fourth Circuit Court of Appeals upheld a district court’s ground-breaking order requiring divestiture several years after a completed merger. With hindsight, the merger was found to be...more

WilmerHale

Fourth Circuit Affirms First-Ever Decision Requiring Divestiture in Private Antitrust Case

WilmerHale on

On February 18, the Fourth Circuit affirmed a district court decision ordering a divestiture in a private merger challenge. Although the FTC and DOJ have successfully challenged a few closed transactions, the Jeld-Wen...more

Epstein Becker & Green

FTC Commissioners Question Use of Divestiture as an Effective Merger Remedy

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Divestiture has long been considered an appropriate and effective remedy for anticompetitive horizontal mergers. The Federal Trade Commission (“FTC”), as reflected in the Statement of the Bureau of Competition entitled...more

Foley Hoag LLP

Department of Justice’s Revised Merger Remedies Manual Reflects Preference for Divestitures

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On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division released a revised Merger Remedies Manual. This revised manual is the culmination of a review by the Antitrust Division of its entire approach to...more

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