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
APRIL – JUNE 2022: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
• An Overview of Agency Merger Challenges from January 2021 through June 2022 Parties continue to be cautious in litigating challenged transactions. Since...more
9/26/2022
/ Acquisitions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
Healthcare ,
Investment ,
Mergers ,
National Security ,
Pharmaceutical Industry ,
Private Equity ,
UK ,
UK Competition and Markets Authority (CMA)
UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY -
A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more
9/21/2022
/ Acquisitions ,
Advertising ,
Anti-Competitive ,
Competition ,
Department of Justice (DOJ) ,
Dot Com Disclosure Guide ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
French Competition Authority ,
Gun-Jumping ,
Marketing ,
Mergers ,
Price-Fixing
JANUARY – MARCH 2022: HIGHLIGHTS -
UNITED STATES -
• The US antitrust agencies continue with their aggressive merger enforcement posture. The agencies challenged four transactions this quarter, including multiple...more
5/6/2022
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Enforcement ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Controls ,
Merger Remedies ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA)
OCTOBER – DECEMBER 2021:
HIGHLIGHTS UNITED STATES -
• Both antitrust agencies have now filled senior leadership positions, although the Federal Trade Commission (FTC) awaits the appointment of a fifth commissioner....more
JULY – SEPTEMBER 2021: HIGHLIGHTS -
UNITED STATES -
• The US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of...more
10/29/2021
/ Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
EU ,
EUMR ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joint Venture ,
Jurisdictional Thresholds ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
APRIL – JUNE 2021: HIGHLIGHTS -
UNITED STATES -
- The premerger notification landscape continues to shift as filings reach another record high, and the US Congress contemplates increases to filing fees and New York...more
8/6/2021
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Department of Justice (DOJ) ,
Emerging Technology Companies ,
Enforcement ,
EU ,
EUMR ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Proposed Regulation ,
UK ,
UK Competition and Markets Authority (CMA)
JANUARY – MARCH 2021: HIGHLIGHTS -
UNITED STATES -
- As the United States rounds the corner toward getting the COVID-19 epidemic under control within its borders, the US antitrust enforcers have seen a major spike in...more
5/4/2021
/ Acquisitions ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
EU ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Merger Controls ,
Mergers ,
Premerger Notifications ,
Technology ,
UK
OCTOBER - DECEMBER 2020 UPDATE -
UNITED STATES -
Despite initial obstacles because of the COVID-19 pandemic, 2020 rounded out to be the busiest year for mergers and acquisitions (M&A) enforcement in the United States...more
2/8/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Markets Strategy ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Premerger Notifications ,
Proposed Rules ,
UK Competition and Markets Authority (CMA)
JULY - SEPTEMBER 2020 UPDATE -
UNITED STATES-
Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more
10/26/2020
/ Acquisitions ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
UK ,
UK Competition and Markets Authority (CMA)
Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will...more
9/15/2020
/ Bluetooth ,
California Consumer Privacy Act (CCPA) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Employees ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Infectious Diseases ,
Information Governance ,
Mobile Apps ,
Non-Compete Agreements ,
Patient Privacy Rights ,
Patients ,
Personal Data ,
Private Sector ,
Public Health ,
Re-Opening Guidelines ,
UK Brexit ,
Whistleblowers
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
9/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Customers ,
Deadlines ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Investigations ,
Mergers ,
Remote Depositions ,
Remote Hearings ,
Settlement Agreements ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
Videoconference
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
1/26/2017
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
FERC ,
French Competition Authority ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Trump Administration
Global antitrust regulators are on pace to levy record-breaking cartel penalties in 2014. If global regulators keep pace, cartel penalties will surpass 2013’s record total. Through June, U.S. antitrust regulators issued...more