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Less Is More? Implications of the DOJ's $650 million Action Against KKR & Co.

A Look at How Future Disclosures Under the Hart-Scott-Rodino Act Could Be Affected - The U.S. Department of Justice (DOJ) on Jan. 14, 2025, brought an action in the U.S. District Court for the Southern District of New York...more

Antitrust Under Trump 2.0: No More "Hipster Antitrust," But Scrutiny Will Remain

With President Joe Biden's departure, aggressive antitrust enforcers at the U.S. Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hand over the reins to incoming Trump...more

FTC Bags Preliminary Injunction in Challenge to "Affordable Luxury" Handbag Merger

The Federal Trade Commission (FTC) prevailed in the first round of its much-criticized challenge to Tapestry Inc.'s acquisition of Capri Holdings Limited. Tapestry owns the Coach brand, and Capri owns the Michael Kors and...more

FTC Issues New HSR Rules Significantly Expanding Current Antitrust Reporting Obligations

The Federal Trade Commission (FTC) voted unanimously on Oct. 10, 2024, to substantially amend the Hart-Scott-Rodino Act (HSR) premerger notification rules, HSR form and instructions, expanding the scope of information and...more

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more

Baby HSRs: States Are Modeling Laws After Federal Act to Investigate More Transactions

In a growing trend, states are enacting laws modeled after the federal Hart-Scott-Rodino (HSR) Act, which requires parties to proposed transactions that satisfy certain reporting thresholds to first provide information to the...more

Revised Merger Guidelines Would Expand Reviews and Limit Combinations

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) on July 19, 2023, jointly announced the release of proposed Merger Guidelines that would expand significantly the number and types of transactions...more

Killing Deals Softly: FTC Proposes 107-Hour Increase in Hart-Scott-Rodino Burden

The Federal Trade Commission (FTC) on June 27, 2023, announced its intention to increase the cost and burden of its regulatory processes, which might prevent many even benign and procompetitive mergers and acquisitions (M&A)...more

Another One Bites the Dust: DOJ Pulls 3 Policy Statements, Leaving Trade Associations Guessing

During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more

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

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

DOJ, FTC Conclude Listening Forums with Technology Industry in the Crosshairs

The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held the final installment of their "listening tour" on May 12, 2022, focused on the firsthand effects of mergers and...more

Media and Entertainment Industry Gets a Turn in DOJ-FTC Antitrust Hot Seat

The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held another installment of their "listening tour" on April 27, 2022,1 with a focus during this session on the media and...more

FTC and DOJ Continue to Turn Up Antitrust Heat on Healthcare Industry

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) continued their online listening tour on April 14, 2022, with a discussion regarding the effects of mergers and acquisitions on the healthcare industry...more

FTC Focuses on M&A in the Agricultural and Food Industry

Federal antitrust enforcement in the agricultural industry had been little more than a whisper for decades. The Obama Administration announced it was making agricultural antitrust enforcement a priority and then held...more

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