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Draft Merger Guidelines Issued: U.S. Antitrust Agencies’ Proposed Guidance Conflicts with Current Law and Seems Unlikely to Gain...

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

FTC Foreclosure Theory “Foreclosed”: FTC Loses Campaign to Block Microsoft’s Purchase of Activision

On July 10, 2023, the United States District Court for the Northern District of California denied the Federal Trade Commission’s (FTC’s) request to grant a preliminary injunction of Microsoft’s proposed acquisition of...more

FTC Sues to Block Microsoft/Activision Blizzard Transaction, Putting $70 Billion Deal at Risk

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

Seven Directors Resign from Five Public Company Boards

Last month, we reported that the U. S. Department of Justice (DOJ) had threatened multiple public companies, private equity investors, and individuals with lawsuits for violating the ban on interlocking directorates under...more

Home Court Disadvantage: In Illumina/Grail, FTC Loses Another Case Before Its Own Court

The Federal Trade Commission's (FTC's) in-house administrative law judge (ALJ) has handed the FTC a loss in its suit to reverse the completed acquisition of GRAIL, Inc. by Illumina, Inc. This is the FTC's second high-profile...more

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more

Antitrust Hits the Metaverse: FTC Sues to Block Meta Platforms, Inc. from Acquiring a VR Fitness App

Wilson Sonsini provides extensive and cutting-edge legal services for innovators, technology pioneers, and disruptors. As part of our focus on emerging technologies, our attorneys are publishing a series on applying and...more

FTC Defeats Facebook Motion to Dismiss Amended Complaint

The FTC's case against Facebook will be allowed to proceed now that the district court has held its Amended Complaint plausibly alleged violations of Section 2 of the Sherman Act related to Facebook's acquisition of Instagram...more

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