News & Analysis as of

Private Equity Merger Controls

A&O Shearman

Antitrust focus on private equity funds and serial acquisitions

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Until relatively recently, private equity buyers were viewed as largely benign. Where antitrust regulators expressed concerns with private equity buyers, it was generally in the context of them being viewed as sub-optimal...more

Jones Day

Australian Government Announces Procedural Reforms to Strengthen and Streamline Australia's Foreign Investment Policy

Jones Day on

The Situation: The Australian government has restated its commitment to foreign investment and announced procedural reforms to Australia's foreign investment framework. The government aims to attract the significant foreign...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q1 2024

UNITED STATES - New Merger Guidelines Deployed - The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more

Stinson LLP

DOJ and FTC’s Aggressive Antitrust Enforcement Agenda Set to Continue

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There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward: New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more

American Conference Institute (ACI)

[Event] 5th Annual European Forum on Global FDI Reviews - June 11th - 12th, Ixelles, Belgium

Hosted by C5 Group, the 5th Annual European Forum on Global FDI Reviews returns for another exciting year with curated programming that provide sessions on the most pressing issues coming across your desk and strategic...more

A&O Shearman

National Security Division Announces New Self-Disclosure Policy in M&A Transactions

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The National Security Division (NSD) of the Department of Justice announced a new self-disclosure policy on March 7, 2024 (M&A Policy) that impacts corporations, private equity firms, and venture capital firms and their...more

Polsinelli

California’s AB 3129 Continues National Trend of Scrutinizing Private Equity Investments in the Health Care Industry

Polsinelli on

The California legislature is considering a bill that could severely impact the ability for private equity companies and hedge funds to operate in the California health care industry. AB 3129, introduced by Assembly Member...more

Epstein Becker & Green

Proposed CA Assembly Bill 3129: Notice & Consent for Private Equity, Hedge Funds Acquiring/Changing Control of Health Care...

Epstein Becker & Green on

As our December 2023 Insight noted, California’s SB 184 (enacted in June 2022) and accompanying regulations contain pre-transaction notice requirements by “specified health care entities” for certain “material change...more

Akin Gump Strauss Hauer & Feld LLP

The Road Ahead for Private Equity: Antitrust and Merger Control

Recent actions by antitrust agencies globally deliver on their promises for increased scrutiny of private equity sponsored transactions and strategies in at least three ways....more

A&O Shearman

Antitrust scrutiny of private equity deals intensifies

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Traditionally, private equity firms were seen as benign investors from an antitrust perspective. This is changing. In the past 12 months, PE-funded acquisitions have faced progressively more rigorous scrutiny by antitrust...more

Akerman LLP

First Major Overhaul of HSR Act Will Greatly Increase Time and Resources Required to Complete HSR Filing

Akerman LLP on

In June 2023, the Federal Trade Commission (FTC), in conjunction with the Antitrust Division of the U.S. Department of Justice (DOJ), issued a Notice of Proposed Rulemaking to amend the premerger notification form and...more

Polsinelli

Newly Finalized FTC/DOJ Merger Guidelines Are Likely to Increase Antitrust Scrutiny of M&A Deals - Health Care and Private Equity...

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Earlier this week, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) released the long-awaited 2023 Merger Guidelines. The final guidelines are the result of nearly two years of behind-the-scenes...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Corporate Trends

Global M&A Activity Endures Headwinds in 2023 and Displays Resilience Going Into 2024 - Despite market headwinds, dealmakers have looked to carveouts, spin-offs, joint ventures and other creative deal structures to engage...more

Skadden, Arps, Slate, Meagher & Flom LLP

Real World Examples Where Conflicts Tainted a Deal Process, and Other Deals That Were Insulated From Conflicts

Sometimes when a board is considering a strategic transaction, it may find that a key figure who can influence the deal process — for example, a founder, controller or CEO-negotiator — has a potential conflict of interest....more

Brownstein Hyatt Farber Schreck

FTC Proposes ‘Comprehensive Redesign of the Premerger Notification Process’

This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended...more

Sheppard Mullin Richter & Hampton LLP

Mergers & Acquisitions Update: A Closer Look at the Impact of the FTC and DOJ’s Proposed HSR Act Filing Reform on Private Equity...

On June 27, 2023, the FTC and DOJ (together the “Agencies”) announced a notice of proposed rulemaking (“NPRM”) proposing extensive revisions to both the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act...more

Latham & Watkins LLP

CMA Vets PE Roll-Up Transactions

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The CMA increasingly reviews PE mergers including historic roll-up deals, which will prompt sponsors to reassess merger control risks. The UK’s Competition and Markets Authority (CMA) is increasingly focused on...more

White & Case LLP

You're gonna need a bigger boat: Stormy waters ahead as the FTC proposes far-reaching changes to HSR Form

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If the proposed rule is finalized, merging parties will face expansive requirements for HSR filings and lengthy filing preparation times. On June 27, 2023, the US Federal Trade Commission ("FTC"), with the concurrence of...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q1 2023

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UNITED STATES - Wilson Resigns as FTC Commissioner - On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more

BCLP

Theories of Harm: Common Ownership - where the Greeks walk the world follows?

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In this article we discuss the evolving global attention towards a less common theory of harm: common ownership. We conclude by assessing the notably bullish approach taken by the Hellenic Competition Commission (the “HCC”),...more

Skadden, Arps, Slate, Meagher & Flom LLP

Regulatory Focus on Consolidation May Present Opportunities for Private Equity Buyers

Key Points Antitrust regulators in key jurisdictions are taking a more aggressive approach to merger reviews, resulting in delays and making the ultimate closing of some transactions uncertain. U.S. regulators have expressed...more

White & Case LLP

Policy shifts may signal a new chapter in the story of globalization

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Globalization may be evolving, as nations and regions reassert their regulatory powers on a wide range of issues including trade, competition and national security. The economic lessons of COVID-19 and growing concerns about...more

Goodwin

DOJ and FTC Start Joint Effort To “Strengthen Enforcement Against Illegal Mergers”

Goodwin on

AGENCIES APPEAR POISED TO TARGET TECH, LIFE SCIENCES AND PRIVATE EQUITY TRANSACTIONS - U.S. Federal Trade Commission (“FTC”) Chair Lina Khan and the head of the U.S. Department of Justice (“DOJ”), Antitrust Division,...more

Cadwalader, Wickersham & Taft LLP

FTC and DOJ Announce Project to Develop Progressive Merger Guidelines

On January 18, 2022, the Federal Trade Commission (“FTC”) and the Justice Department’s Antitrust Division (“DOJ”) (together, the “Agencies”) jointly announced plans to “review,” “modernize” and “strengthen” horizontal merger...more

White & Case LLP

Italian M&A on track to reach post-crisis high

White & Case LLP on

An increase in megadeals reveals growing dealmaker appetite within Italy’s M&A market - Dealmaking confidence appears to be returning within the Italian M&A market. A total of US$57.4 billion-worth of deals announced in...more

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