The year 2023 is proving to be a milestone year for antitrust enforcement. Less so for novel cases and investigations and more so for the generational changes being proposed by the enforcement authorities for merger...more
7/28/2023
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Information Sharing ,
Merger Controls ,
Popular
The Federal Trade Commission (“FTC”) filed suit yesterday to block Lockheed Martin Corporation’s proposed $4.4 billion acquisition of Aerojet Rocketdyne Holdings Inc., announced back in December 2020. Aerojet, the last...more
1/26/2022
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Violations ,
Competition ,
Corporate Counsel ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Lockheed Martin ,
Prime Contractor ,
Suppliers ,
Vertical Mergers
On January 18, 2022, the Federal Trade Commission (“FTC”) and the Justice Department’s Antitrust Division (“DOJ”) (together, the “Agencies”) jointly announced plans to “review,” “modernize” and “strengthen” horizontal merger...more
1/19/2022
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Monopolization ,
Private Equity ,
Request For Information
What happened? The Department of Justice’s Antitrust Division (“DOJ”) announced that, on January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity...more
1/15/2021
/ Anti-Competitive ,
Antitrust Violations ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
New Guidance ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
What happened?
On September 3, 2020, the Department of Justice (“DOJ”) issued a revised Merger Remedies Manual, which sets forth the Division’s framework for implementing remedies to resolve antitrust concerns in merger...more
What happened?
On November 6, 2019, the Federal Trade Commission (“FTC”) voted 5-0 to uphold Administrative Law Judge D. Michael Chappell’s initial decision that Otto Bock HealthCare GmbH’s (“Otto Bock”) acquisition of rival...more
Over the past year, State Attorneys General have stepped into what they describe as a void of antitrust enforcement at the federal level. AGs have commenced investigations and brought antitrust actions across industry...more
7/24/2019
/ Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Banks ,
Digital Platforms ,
Energy Sector ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Healthcare ,
Interest Rates ,
Libor ,
Marriott ,
No-Poaching ,
Price-Fixing ,
Sprint ,
State Attorneys General ,
Sutter Health ,
T-Mobile ,
Telecommunications ,
Teva Pharmaceuticals ,
Unfair or Deceptive Trade Practices
The FTC recently reminded market participants to take steps to avoid violating the per se prohibition on interlocking directorates under Section 8 of the Clayton Act. The FTC referred to its previous post on Section 8, which...more
The Federal Trade Commission (“FTC” or the “Commission”) convened a hearing on December 6, 2018 to better understand the possible anticompetitive implications of institutional investors holding non-controlling amounts of...more