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Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”...more

The No-Longer Nascent Use of Nascent Competition Theory

Recent trends in antitrust merger enforcement have brought into sharp focus the acquisition of nascent or potential competitors in the technology and life sciences sectors. These deals include so-called “killer acquisitions”...more

Tech Companies Bear the Brunt of DOJ Push on Interlocking Directorates

The United States Department of Justice (DOJ) announced last week that directors at several technology companies have resigned as a consequence of the agency’s renewed focus on overlapping board membership between...more

European Commission Acts to Block Illumina-Grail Transaction Just Days After Judge Rejects FTC Action Against the Deal

This morning the European Commission (EC) moved to unwind and block Illumina’s $7.1 billion acquisition of Grail. Illumina announced that it intends to appeal the decision. This development comes on the heels of Illumina’s...more

FTC’s Ambitious Challenge to Meta VR Deal Possesses Sweeping Implications for Tech M&A

FTC Suit Aspires to Chill M&A-Based Growth by Larger Tech Firms - Federal Trade Commission Chair Lina Khan has consistently criticized past FTC leadership for being too lenient with Big Tech M&A activity, and for not...more

Bedoya Confirmation to FTC Empowers Chair Lina Khan to Pursue Progressive Agenda

After months of partisan deadlock, this week Georgetown law professor and privacy scholar Alvaro M. Bedoya was confirmed by the Senate to serve as a member of the Federal Trade Commission (FTC). Bedoya’s confirmation gives...more

Antitrust Update: Recent FTC Announcements

On September 28, 2021, the U.S. Federal Trade Commission (FTC) published a blog post outlining the agency’s plans to expand and purportedly strengthen its process for in-depth investigations of transactions (known as “Second...more

FTC: New HSR Thresholds for 2020

The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect February 27. All transactions closing on or after the effective date will be governed by the new...more

FTC: New HSR Thresholds for 2019

The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect late March. All transactions closing on or after the effective date will be governed by the new...more

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