The Biden Administration intends to reshape merger enforcement as part of its broader initiative to change U.S. antitrust law. In keeping with the Administration’s goals, the Federal Trade Commission (FTC) and the Department...more
9/16/2022
/ Antitrust Provisions ,
Biden Administration ,
Comment Period ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Mergers ,
New Guidance ,
Request For Information ,
State Attorneys General ,
Vertical Mergers
On January 24, 2022, the Federal Trade Commission (FTC) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust the...more
2021 M&A smashed U.S. and global records. The year saw the arrival of a new U.S. administration, the release of COVID-19 vaccines, as well as continued questions regarding the impact of the pandemic, including the year-end...more
1/21/2022
/ Acquisition Agreements ,
Acquisitions ,
Antitrust Division ,
Artificial Intelligence ,
CFIUS ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Digital Marketplace ,
Digital Services ,
EU ,
Excise Tax ,
Federal Trade Commission (FTC) ,
Global Market ,
Horizontal Mergers ,
Initial Public Offering (IPO) ,
Mergers ,
National Security ,
NYSE ,
PIPEs ,
Popular ,
Private Equity ,
REIT ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
UK ,
Universal Proxy Cards ,
Vertical Mergers
On January 18, 2022, the U.S. Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) held a joint press conference to announce the launch of a broad‑ranging public inquiry aimed at...more
On November 16, 2021, the Senate voted 68–29 to confirm Jonathan Kanter as the Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ). Kanter’s confirmation is significant because the...more
On October 25, 2021, the Federal Trade Commission (FTC or Commission) adopted a new policy requiring merging parties that enter into settlements to resolve competition concerns to give the FTC veto power over future deals in...more
On July 9, 2021, President Biden signed a sweeping executive order (EO) creating a “whole-of-government competition policy” that directs more than a dozen federal agencies to work in concert with the Department of Justice...more
In just over two weeks as chair of the Federal Trade Commission (FTC or “Commission”), Lina Khan already appears to be making significant changes at the agency. As one of her first acts, Chair Khan called for a Commission...more
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. On March 25, 2021, FTC Acting Chairwoman...more
5/11/2021
/ Administrative Procedure Act ,
AMG Capital Management LLC v FTC ,
Antitrust Provisions ,
Chevron ,
Civil Monetary Penalty ,
Competition ,
Exclusionary Clauses ,
Federal Judiciary ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Popular ,
Rulemaking Process ,
SCOTUS
M&A in the media industry is about to pick up. Recently, the U.S. Supreme Court upheld the U.S. Federal Communications Commission’s (FCC) 2017 rollback of media ownership limits. Media companies that once avoided specific...more
5/3/2021
/ Administrative Procedure Act ,
Department of Justice (DOJ) ,
FCC ,
FCC v Prometheus Radio Project ,
Judicial Review ,
Media ,
Popular ,
Radio Broadcasting ,
Regulatory Agencies ,
SCOTUS ,
Standard of Review ,
State Attorneys General ,
Television Broadcast Stations
Are the stars aligning for antitrust reform? President Biden is filling key positions in the White House (Timothy Wu, National Economic Council) and reportedly at the FTC (Lina Khan, commissioner) with lawyers who have...more