The first 100 days of a new administration sets the tone for policy direction and regulatory priorities. The following key takeaways from the Trump administration’s first three months highlight significant trends, shifts and...more
5/7/2025
/ Antitrust Division ,
Antitrust Provisions ,
CFIUS ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Direct Investment ,
Foreign Investment ,
International Trade ,
Investors ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Tariffs ,
Trump Administration ,
US Trade Policies
Key Points -
- We expect the second Trump administration to take a relatively aggressive approach to antitrust enforcement, as regulators did during President-elect Trump’s first term, because there is bipartisan support...more
On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael...more
On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more
6/3/2024
/ Acquisitions ,
Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms ,
Request For Information
Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms With antitrust and other regulators scrutinizing mergers more closely, it is crucial for companies to negotiate terms to mitigate and...more
3/28/2024
/ Acquisitions ,
Antitrust Division ,
Board of Directors ,
Capital Markets ,
China ,
Corporate Entities ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
Foreign Corporations ,
Global Market ,
Investment Management ,
Legislative Agendas ,
Mergers ,
Private Equity ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Shareholders
On January 25, 2024, the Federal Trade Commission (FTC) launched an inquiry scrutinizing the investments and partnerships of Alphabet, Microsoft and Amazon relating to growing artificial intelligence startups Open AI and...more
Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more
9/7/2023
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Board of Directors ,
Corporate Governance ,
Delisting ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Horizontal Merger Guidelines ,
Internal Investigations ,
Mergers ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Sellers ,
Share Buybacks ,
Shareholders ,
Short Selling ,
UK
The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more
The Department of Justice (DOJ) Antitrust Division — for the third time in the span of a year — recently failed to convince a jury that alleged agreements to fix or stabilize labor markets should be punished criminally. It...more
This edition of Skadden’s quarterly Insights looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to establish...more
4/20/2023
/ Acquisitions ,
Antitrust Division ,
Artificial Intelligence ,
Banking Sector ,
Capital Markets ,
Chapter 11 ,
Commercial Bankruptcy ,
Corporate Governance ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Energy Tax Incentives ,
Federal Trade Commission (FTC) ,
Holding Companies ,
Inflation Reduction Act (IRA) ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Liability ,
Mergers ,
Patents ,
Self-Disclosure Requirements ,
Special Purpose Acquisition Companies (SPACs) ,
Tax Credits
In April 2022, Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division (DOJ) previewed the DOJ’s intent to more aggressively enforce the prohibition on interlocking directorates under...more
In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more
12/1/2022
/ Anti-Competitive ,
Antitrust Division ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Guilty Pleas ,
Monopolization ,
Section 2 ,
Sherman Act
Takeaways -
Under the Biden administration’s “whole-of-government” approach to promoting competition, a range of agencies outside the DOJ and FTC have been asked to use their authority to reform markets.
Wide-ranging...more
Richard A. Powers has recently joined the Department of Justice (DOJ) Antitrust Division as the acting deputy assistant attorney general (DAAG) for criminal enforcement and is expected to take on the role permanently. This is...more
5/21/2018
/ Administrative Appointments ,
Antitrust Division ,
Attorney-Client Privilege ,
Criminal Antitrust Litigation ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Guilty Pleas ,
Leniency Programs ,
No-Poaching ,
Pharmaceutical Industry ,
Price-Fixing ,
Privilege Waivers