On February 19, 2026, the US Court of Appeals for the Fifth Circuit granted the Federal Trade Commission’s (FTC) motion to temporarily stay the US District Court for the Eastern District of Texas’s order vacating the 2024...more
2/20/2026
/ Appeals ,
Appellate Courts ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Requirements ,
Stays
Per the DoW M&A Division’s published policy, the DoW’s role is to collaborate with the DOJ and FTC to assess the impact of HSR-reportable mergers and acquisitions on national security and on the DoW’s industrial,...more
2/18/2026
/ Acquisition Agreements ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Merger Reviews ,
National Security ,
NDAA ,
New Legislation ,
Premerger Notifications ,
Regulatory Oversight ,
Reporting Requirements
On February 12, 2026, the US District Court for the Eastern District of Texas set aside and vacated the Federal Trade Commission’s (FTC) new premerger notification form and instructions....more
2/16/2026
/ Administrative Procedure Act ,
Antitrust Provisions ,
Appeals ,
Arbitrary and Capricious ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Premerger Notifications ,
Rulemaking Process ,
Statutory Authority ,
Vacated
The fourth quarter of 2025 underscored evolving merger control frameworks in the European Union and United Kingdom, marked by greater flexibility, streamlined processes, and pragmatic enforcement....more
2/2/2026
/ Acquisition Agreements ,
Antitrust Investigations ,
Competition ,
Competition Authorities ,
Enforcement Actions ,
EU ,
European Commission ,
Merger Agreements ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
UK ,
UK Competition and Markets Authority (CMA)
Merger control authorities remained active in Q4 2025, reviewing transactions across the healthcare, manufacturing, and consumer goods sectors. In the United States, courts and regulators issued rulings in cases involving...more
2/2/2026
/ Acquisition Agreements ,
Antitrust Investigations ,
Antitrust Litigation ,
Automotive Industry ,
Competition Authorities ,
Divestiture ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
Healthcare ,
Medical Devices ,
Merger Agreements ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
Private Equity ,
UK ,
UK Competition and Markets Authority (CMA)
2025 proved to be a challenging year in court for the Federal Trade Commission (FTC), as it was unsuccessful in challenging the Tempur Sealy/Mattress Firm acquisition, the GTCR/Surmodics acquisition, a decade-old Meta...more
2/2/2026
/ Acquisition Agreements ,
Antitrust Investigations ,
Antitrust Litigation ,
Appeals ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Merger Agreements ,
Merger Challenges ,
Merger Controls ,
Merger Reviews ,
Private Equity ,
Remedies ,
State Attorneys General
On January 21, 2026, the Indiana Senate Committee on Judiciary voted unanimously to advance Indiana’s version of the Uniform Antitrust Pre-merger Notification Act (the Act)....more
1/28/2026
/ Acquisition Agreements ,
Antitrust Provisions ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Merger Reviews ,
New Legislation ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
State Attorneys General ,
State Legislatures ,
Threshold Requirements
United States (US) antitrust enforcement in Q3 2025 reflects a pragmatic yet assertive approach under the Trump administration. While the US Department of Justice (DOJ) and Federal Trade Commission (FTC) are clearing mergers...more
11/19/2025
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Investigations ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Settlement ,
Trump Administration
Recent developments in European Union (EU) and United Kingdom (UK) merger control reveal a dynamic shift toward greater flexibility and practical enforcement....more
11/19/2025
/ Antitrust Investigations ,
Antitrust Provisions ,
Best Practices ,
Competition ,
Competition Authorities ,
Cross-Border Transactions ,
EU ,
European Commission ,
Jurisdiction ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
Pre-Merger Filing Requirements ,
Remedies ,
UK ,
UK Competition and Markets Authority (CMA)
Global merger control authorities remained highly active in Q3 2025, scrutinizing deals across healthcare, aerospace, logistics, and digital platforms....more
11/19/2025
/ Aerospace ,
Antitrust Division ,
Competition Authorities ,
Department of Justice (DOJ) ,
Digital Platforms ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Logistics ,
Merger Controls ,
Merger Reviews ,
UK Competition and Markets Authority (CMA)
Washington and Colorado are the first states to enact their own versions of the model Uniform Antitrust Pre-Merger Notification Act, which requires merging parties that make a federal filing under the Hart-Scott-Rodino (HSR)...more
10/3/2025
/ Colorado ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Controls ,
New Legislation ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Requirements ,
Reporting Requirements ,
State Attorneys General ,
Threshold Requirements ,
Washington
In a parallel push to modernize antitrust oversight, key European regulators, including the European Commission (EC) and the United Kingdom’s Competition and Markets Authority (CMA), are simultaneously reforming their merger...more
8/28/2025
/ Competition Authorities ,
EU ,
European Commission ,
Horizontal Merger Guidelines ,
Innovation ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Public Consultations ,
Regulatory Reform ,
Supply Chain ,
UK ,
UK Competition and Markets Authority (CMA)
Recent antitrust enforcement actions in the United States and Europe have significantly influenced global M&A trends. Regulators approved major deals in highly concentrated markets, such as Synopsys / Ansys in the US and...more
8/28/2025
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Popular ,
UK
Under the second Trump administration, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have signaled a significant departure from the antitrust enforcement policies of the Biden administration. This new...more
8/28/2025
/ Antitrust Division ,
Antitrust Litigation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
Mergers ,
Popular ,
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. The Federal Trade Commission...more
6/13/2025
/ Antitrust Division ,
Antitrust Litigation ,
Biden Administration ,
Buyers ,
Department of Justice (DOJ) ,
Divestiture ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Merger Reviews ,
Mergers ,
Regulatory Reform ,
Settlement ,
Trump Administration
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