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“Reasonableness” Is in the Eye of the Beholder: Vague Contracts Clauses Invite Litigation

Schick, the shaving product company, recently announced it was abandoning its proposed $1.4 billion acquisition of rival startup Harry’s Razors. The announcement followed the U.S. Federal Trade Commission’s (FTC) threat to...more

US DOJ and FTC Propose Vertical Merger Guidelines

The U.S. Department of Justice and U.S. Federal Trade Commission published proposed vertical merger guidelines (vertical guidelines) on January 10, 2020. These are designed to increase the transparency of the agencies'...more

AT&T-Time Warner Merger Approved: Decision Analysis and Potential Implications for Similar Mergers

Following a six-week trial, federal Judge Richard Leon of the U.S. District Court for the District of Columbia recently approved AT&T’s 85-billion-dollar acquisition of Time Warner Inc. AT&T Inc. (along with its subsidiary,...more

DoJ Employee "No-Poach" Antitrust Consent Decree Sharpens Compliance Teeth

The U.S. Department of Justice (DoJ) filed a complaint recently alleging that competing railroad equipment manufacturers Knorr-Bremse AG, Westinghouse Air Brake Technologies Corporation (Wabtec) and Faiveley Transport S.A....more

M&A Corporate Buyer Beware: More Antitrust Challenges to Closed Deals

Despite widespread skepticism that antitrust enforcement would be a Trump administration priority, activity has not lessened. In fact, there has been a substantial increase in challenges to mergers and acquisitions that...more

FTC Blocks Merger Between Staples and Office Depot

A federal court in Washington, D.C. issued an order blocking Staples' acquisition of Office Depot on the grounds that it would substantially lessen competition in the sale of consumable office supplies to national business...more

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