DOJ Follows Familiar Playbook in Merger Challenge Focused on “Hot” Documents -
Following a familiar playbook and relying heavily on market share presumptions and “hot” documents describing close competition, the U.S....more
The Federal Trade Commission’s (FTC’s) failure to obtain a preliminary injunction to block Tempur Sealy’s $4 billion proposed acquisition of Mattress Firm is yet another loss in a string of failed vertical challenges by the...more
2/6/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Preliminary Injunctions ,
Vertical Mergers
For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more
With only a week having passed since the 2024 Presidential Election, we find ourselves awash in speculation about what a Second Trump Administration (Trump 2.0) portends for the United States and for the world. This client...more
On October 10, 2024, the Federal Trade Commission (FTC) announced that it unanimously approved a much-anticipated final rulemaking that will radically change the form and substance of Hart-Scott-Rodino (HSR) filings. The new...more
As the September 30, 2023, deadline for U.S. Congress to enact appropriations to fund the federal government approaches, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have issued contingency plans...more
The two U.S. antitrust authorities—the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the “Agencies”)—have jointly proposed new Draft Merger Guidelines to replace...more
The "European Antitrust Bimonthly Bulletin" (EABB) breaks down the major antitrust developments in Europe in the past two months into concise and actionable takeaways....more
On May 17, 2023, the Federal Trade Commission (FTC) challenged Amgen Inc.’s (Amgen) proposed acquisition of Horizon Therapeutics plc (Horizon). The complaint is significant in three respects....more
On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more
2/7/2023
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Data Privacy ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Joint Venture ,
Mergers ,
Personal Information ,
Sherman Act
The Federal Trade Commission (FTC) filed an administrative complaint to block Microsoft Corporation’s (Microsoft’s) nearly $70 billion acquisition of Activision Blizzard, Inc. (Activision), the largest video game acquisition...more
12/13/2022
/ Acquisitions ,
Administrative Complaints ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Gaming ,
Microsoft ,
Online Gaming
The European Union (EU) will soon be handed sweeping new rules to regulate the conduct of the largest digital platforms with the long-awaited Digital Markets Act (DMA). Following 15 months of intense negotiations on...more
3/31/2022
/ Antitrust Division ,
Antitrust Provisions ,
Corporate Counsel ,
Data Protection ,
Data Security ,
Digital Marketplace ,
Digital Markets Strategy ,
EU ,
General Data Protection Regulation (GDPR) ,
Popular ,
Targeted Digital Advertising ,
Technology Sector
The Federal Trade Commission (FTC) has lost the first round of its challenge to Altria Group, Inc.’s (Altria) $12.8 billion acquisition of a 35 percent stake in JUUL Labs, Inc. (JLI). On February 17, 2022, an agency...more