JANUARY – MARCH 2025: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
FTC Loses Vertical Challenge to Tempur Sealy/Mattress Firm
On July 2, 2024, the US Federal Trade Commission (FTC) filed suit in federal court seeking to block...more
5/6/2025
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Big Tech ,
Competition ,
Enforcement Actions ,
Enforcement Priorities ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
Trump Administration ,
UK ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. The Federal Trade Commission...more
5/5/2025
/ Antitrust Division ,
Antitrust Litigation ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Legislative Agendas ,
Mergers ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Trump Administration
As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. Signs indicate we are entering...more
4/16/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Corporate Counsel ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Popular ,
Private Equity ,
Regulatory Reform ,
Trump Administration
As the Trump administration’s approach to antitrust takes shape through political appointments, policy statements, speeches, and enforcement actions, our team is tracking the latest developments and will provide important...more
As the Trump administration’s approach to antitrust takes shape through political appointments, policy statements, speeches, and enforcement actions, our team is tracking new developments and will provide important updates on...more
Starting today, February 10, 2025, all merger filings will be subject to new Hart-Scott-Rodino (HSR) rules. The new HSR rules will fundamentally alter the premerger notification process, and substantially increase the...more
IN THIS JANUARY 2025 ISSUE -
In the fourth quarter of 2024, US antitrust regulators continued their rigorous scrutiny of mergers and acquisitions. The US Department of Justice (DOJ), under the leadership of the outgoing...more
In the final week of the Biden administration, the antitrust enforcement agencies – the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) – released two policies potentially impacting labor markets. The...more
1/23/2025
/ Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Collective Bargaining ,
Competition ,
Department of Justice (DOJ) ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
NLRA ,
Policy Statement ,
Unions
On January 20, 2025, President-elect Donald J. Trump’s administration will come into power. The McDermott antitrust and competition team has analyzed the first Trump term, compared it to the Biden administration’s actions,...more
12/4/2024
/ Acquisitions ,
Biden Administration ,
Big Tech ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Mergers ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
Trump Administration
The US antitrust regulators continued to aggressively challenge transactions and associated Hart-Scott-Rodino (HSR) violations during the third quarter of 2024. The Federal Trade Commission (FTC) litigated two merger...more
11/1/2024
/ Acquisitions ,
Antitrust Division ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EUMR ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
On October 10, 2024, the Federal Trade Commission (FTC) voted 5-0 to issue new final rules (Rules) governing the US premerger notification filing process. These Rules – the first major overhaul to the Hart-Scott-Rodino (HSR)...more
While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale. On July 24, 2024, the...more
8/9/2024
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Joint Venture ,
Mergers ,
Pre-Merger Filing Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
State Attorneys General
UNITED STATES -
- Agencies Revisiting Consummated Mergers -
What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more
7/29/2024
/ Acquisitions ,
Antitrust Division ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Energy Sector ,
EU ,
EUMR ,
Federal Trade Commission (FTC) ,
Mergers ,
Oil & Gas ,
Popular ,
Request For Information ,
UK ,
UK Competition and Markets Authority (CMA)
UNITED STATES -
New Merger Guidelines Deployed -
The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more
5/3/2024
/ Acquisitions ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Emerging Technologies ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Healthcare ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Private Equity ,
UK ,
Vertical Mergers
IN THIS FEBRUARY 2024 ISSUE -
UNITED STATES -
New Merger Guidelines Released -
The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on...more
2/14/2024
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EUMR ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Pharmaceutical Industry ,
Treaty on the Functioning of the European Union (TFEU) ,
Vertical Mergers
The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on December 18, 2023.
These guidelines represent a significantly more...more
12/22/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Vertical Mergers
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
APRIL – JUNE 2023: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
• Federal Trade Commission Unveils Proposal Detailing Significant Changes to Hart-Scott-Rodino Act Merger Notifications On June 27, 2023, the Federal Trade...more
7/31/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Notice of Proposed Rulemaking (NOPR) ,
Pharmaceutical Industry ,
Premerger Notifications
Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023.
The Proposed...more
7/25/2023
/ Antitrust Division ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Proposed Guidance ,
Supply Chain ,
Vertical Mergers
The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory...more
The Federal Trade Commission (FTC) has proposed, for comment, significant changes to the information and documents to be submitted with premerger filings—even in transactions that do not raise significant antitrust issues....more
UNITED STATES -
Wilson Resigns as FTC Commissioner -
On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more
4/21/2023
/ Acquisitions ,
American Bar Association (ABA) ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Healthcare ,
Horizontal Mergers ,
Investigations ,
Merger Controls ,
Mergers ,
Private Equity ,
Settlement Agreements ,
UK Competition and Markets Authority (CMA)
DOJ Sees First Merger Win After String of Losses -
Penguin Random House’s planned acquisition of rival Simon & Schuster was blocked by Judge Florence Pan of the US District Court for the District of Columbia on November...more
1/20/2023
/ Activision ,
Appeals ,
BEIS ,
China ,
Department of Justice (DOJ) ,
Divestment ,
Enforcement ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Microsoft ,
New Guidance ,
Semiconductors ,
UK
Congress has passed—and President Biden is expected to sign into law today—the Merger Filing Fee Modernization Act, which will significantly change antitrust merger notification regulations under the Hart-Scott-Rodino Act...more
Litigation Losses Pile Up for DOJ and FTC -
The US Department of Justice (DOJ) and the Federal Trade Commission (FTC) lost four merger challenges (Illumina/GRAIL, UnitedHealth/Change Healthcare, U.S. Sugar/Imperial Sugar and...more