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Antitrust M&A Snapshot - August 2020

In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade...more

Antitrust M&A Snapshot - April 2020

United States - The Federal Trade Commission (FTC) and Department of Justice (DOJ) faced new issues this quarter with the unprecedented challenges brought about by the COVID-19 global pandemic. In March, the agencies made...more

HSR Update – Early Termination Is Again An Option

In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system...more

COVID-19’s Impact on HSR Filing Timelines

With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be...more

FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor

The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more

FTC and DOJ Draft Vertical Merger Guidelines Provide Additional Transparency to Agency Practice

For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical Merger Guidelines to explain...more

Recent Merger Reviews Demonstrate Increased FTC and DOJ Focus on Acquisitions of Nascent Competitors

Three recent antitrust merger reviews involving nascent competition demonstrate enforcers are paying close attention to acquisitions by industry leaders of emerging, but early-stage competitors. The US antitrust agencies have...more

International News: Private Equity - December 2019

A recent McDermott round table on European health private equity generated key insights into the future of medtech, digital health, and data analytics, and identified opportunities for companies and investors. Digital...more

Antitrust M&A Snapshot - August 2019

The US agencies continue to be aggressive and have blocked transactions or required significant remedies during the second quarter. The agencies cleared three mergers where divestitures were required. In the face of Federal...more

McDermott International Legal Highlights - October 2018 - Japanese Version

How to Prepare for and Prevent Data Falsification Issues - In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the...more

McDermott International Legal Highlights - October 2018

How to Prepare for and Prevent Data Falsification Issues - In September 2015, news broke that Volkswagen had manipulated software on its diesel engine vehicles to avoid emissions requirements, a disclosure that led to the...more

DOJ Announces Procedural Reforms Seeking to Resolve Merger Investigations within 6 Months of Filing

Yesterday, September 24, 2018, Assistant Attorney General Makan Delrahim announced a series of reforms with the express goal to resolve most merger investigations within six months of filing. The reforms seek to place the...more

Merger Control in China Following the Termination of Qualcomm/NXP

On July 26, 2018, Qualcomm announced the termination of the acquisition of NXP following its inability to obtain antitrust clearance from China’s State Administration for Market Regulation (SAMR) prior to the transaction’s...more

Three Lessons from AT&T/Time Warner and Three Strategies for Future Vertical Transactions

The challenges that the government faces in litigating vertical mergers was illustrated in the DOJ’s recent loss in its challenge of AT&T’s proposed acquisition of Time Warner. The result provides guidance for how companies...more

Antitrust M&A Snapshot - May 2018

United States: January – March 2018 Update - One year into the Trump administration, the US antitrust agencies are finally starting to implement their enforcement policies. Most notably, trial began in the US Department of...more

China to Consolidate Antitrust Law Enforcement Power

The Chinese government announced on March 13, 2018 that it will consolidate the duties of three competition agencies into a new government agency to handle all antitrust matters. While it is too early to tell how this...more

Antitrust Merger Enforcement Update: One Year into the Trump Administration

At the one year anniversary of the Trump administration, antitrust merger enforcement remains similar to the Obama administration, but it is still early to judge given the delays in antitrust appointments and given the DOJ’s...more

International News: Brexit & the US Administration

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more

Current Trends and Proposed Legislation Pose Enhanced CFIUS Risks and Timing Considerations for Foreign Investment Transactions in...

Legislation has now been introduced in the US Congress that would significantly expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to a broader scope of transactions and, for some...more

Antitrust M&A Snapshot - April 2017

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

Lessons Learned – The State of Affairs in US Merger Review

In Depth - In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions....more

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