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
Proposing a radically different conception of government enforcement merger guidelines, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), on July 19, 2023, jointly issued draft merger guidelines...more
The European Commission recently issued Guidelines “on the competitive assessment of agreements between competitors that pursue sustainability objectives (‘sustainability agreements’).” Recognizing sustainability as a “core...more
The UK’s Competition Markets Authority (CMA) has issued a proposed rule, subject to public comment through April 11, 2023, that would provide guidance on the application of UK competition law to agreements between or among...more
In a recent speech to the Scottish Competition Forum, Sarah Cardell, newly installed Chief Executive of the UK’s Competition Markets Authority (CMA), laid out her vision for analyzing agreements among competitors that foster...more
Business enterprises are under pressure the world over to develop and adopt policies that promote social, environmental and governance (“ESG”) goals. ESG is a broad label, covering issues that include, among others,...more
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
Change is the only constant of late at the Federal Trade Commission (“FTC”). Newly confirmed Chair Lina Khan has wasted no time in using her three-Democrat majority to overhaul the Commission’s merger enforcement practices. ...more
On July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “Order”). The Order responds to what the President characterizes as a “failed experiment” in lax antitrust...more
7/20/2021
/ Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Critical Infrastructure Sectors ,
Enforcement Priorities ,
Executive Orders ,
Federal Procurement Systems ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform
For the first time since 2010, the Federal Trade Commission (“FTC”) has decreased the dollar jurisdictional thresholds necessary to trigger the reporting requirements in the Hart-Scott-Rodino Antitrust Improvements Act of...more
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