On October 10, 2024, the U.S. Federal Trade Commission (“FTC”) voted 5-0 to adopt new Hart-Scott-Rodino (“HSR”) rules, which will substantially expand filing requirements for parties when the new rules go into effect. The...more
10/14/2024
/ Acquisitions ,
Antitrust Division ,
Best Practices ,
Department of Justice (DOJ) ,
Fast Track Process ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Lead Supervisory Authority ,
Mergers ,
Private Equity ,
Suppliers
On August 5, 2024, the U.S. Department of Justice (DOJ) filed a proposed settlement with Legends Hospitality Parent Holdings (“Legends”), a global venue services company, in connection with its proposed acquisition of ASM...more
8/15/2024
/ Antitrust Provisions ,
Antitrust Violations ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Pre-Merger Filing Requirements ,
Securities Transactions ,
Waiting Periods
On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more
6/5/2024
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Pricing ,
Public Comment ,
Request For Information ,
Suppliers ,
The Clayton Act
On December 18—nearly two years after announcing plans to revise the Merger Guidelines—the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (together, “the Agencies”) issued a final version of their new...more
The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have...more
7/28/2023
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Foreclosure ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Market Manipulation ,
Market-Sharing ,
Merger Controls ,
Mergers ,
Minority Shareholders ,
Vertical Mergers
On June 27, 2023, the U.S. Federal Trade Commission (“FTC”), with the collaboration and concurrence of the Antitrust Division of the U.S. Department of Justice (“DOJ”), announced a Notice of Proposed Rulemaking (the “Notice”)...more
On March 29, 2022, global container handling equipment providers [Cargotec and Konecranes] abandoned their proposed $5 billion merger after the United Kingdom Competition and Markets Authority (CMA) and the U.S. Department of...more
4/19/2022
/ Antitrust Division ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Popular ,
Supply Chain ,
UK ,
UK Competition and Markets Authority (CMA)
2021 M&A smashed U.S. and global records. The year saw the arrival of a new U.S. administration, the release of COVID-19 vaccines, as well as continued questions regarding the impact of the pandemic, including the year-end...more
1/21/2022
/ Acquisition Agreements ,
Acquisitions ,
Antitrust Division ,
Artificial Intelligence ,
CFIUS ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Digital Marketplace ,
Digital Services ,
EU ,
Excise Tax ,
Federal Trade Commission (FTC) ,
Global Market ,
Horizontal Mergers ,
Initial Public Offering (IPO) ,
Mergers ,
National Security ,
NYSE ,
PIPEs ,
Popular ,
Private Equity ,
REIT ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
UK ,
Universal Proxy Cards ,
Vertical Mergers
On January 18, 2022, the U.S. Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) held a joint press conference to announce the launch of a broad‑ranging public inquiry aimed at...more
On November 16, 2021, the Senate voted 68–29 to confirm Jonathan Kanter as the Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ). Kanter’s confirmation is significant because the...more
On July 9, 2021, President Biden signed a sweeping executive order (EO) creating a “whole-of-government competition policy” that directs more than a dozen federal agencies to work in concert with the Department of Justice...more
Are the stars aligning for antitrust reform? President Biden is filling key positions in the White House (Timothy Wu, National Economic Council) and reportedly at the FTC (Lina Khan, commissioner) with lawyers who have...more
On February 4, 2021, Democratic Senator and chair of the Senate Subcommittee on Antitrust, Competition Policy, and Consumer Rights Amy Klobuchar introduced the Competition and Antitrust Enforcement Reform Act of 2021 (the...more
The Department of Justice Antitrust Division recently issued a modernized Merger Remedies Manual, last updated in 2011. The Manual provides an overview of DOJ’s key considerations in crafting a remedy when the Antitrust...more
On January 10, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued draft Vertical Merger Guidelines for public comment. The draft guidelines outline potential theories of harm, the analytical...more
On January 13, 2017, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (the “Agencies”) issued updated Antitrust Guidelines for International Enforcement and Cooperation (“International...more
On January 13, 2017, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (collectively, the “Agencies”) issued updated Antitrust Guidelines for the Licensing of Intellectual Property (“IP...more
On April 4, 2016, the U.S. Department of Justice filed a civil antitrust lawsuit against activist investor ValueAct Capital. The DOJ asserts that ValueAct improperly relied on the “investment only” exemption to the...more
On April 4, 2016, the U.S. Department of Justice (DOJ) filed a civil antitrust lawsuit against activist investor ValueAct Capital (“ValueAct”). DOJ asserts that ValueAct improperly relied on the “investment only” exemption to...more
On August 24, 2015, the Federal Trade Commission (“FTC” or the “Commission”) filed a proposed settlement in federal court regarding alleged violations by Third Point LLC (“Third Point”) of the premerger reporting laws related...more
9/1/2015
/ Board of Directors ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investment-Only Exemption ,
Reporting Requirements ,
Third Point ,
Voting Securities ,
Yahoo!
At the request of the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ) last week filed civil charges against MacAndrews & Forbes Holdings Inc. (MacAndrews) for failing to comply with the Hart-Scott-Rodino...more