As expected, the final guidelines expand the types of transactions that may receive heightened scrutiny or result in a merger challenge....more
The U.S. Department of Justice's ("DOJ") new remedies guide reinforces its strong preferences for structural divestitures and upfront buyers to resolve merger investigations.
Last week, the DOJ released a new "Merger...more
9/15/2020
/ Acquisitions ,
Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Divestiture ,
Federal Trade Commission (FTC) ,
Merger Remedies ,
Mergers ,
New Guidance ,
Private Equity ,
Vertical Mergers
The Development: The U.S. Department of Justice ("DOJ") and a divided Federal Trade Commission ("FTC") released the final version of their Vertical Merger Guidelines, the first revision in more than 35 years. The Guidelines...more
7/15/2020
/ Antitrust Provisions ,
Competition ,
Defense Strategies ,
Department of Justice (DOJ) ,
Diagonal Mergers ,
Federal Trade Commission (FTC) ,
FTC Guidelines ,
Merger Controls ,
Mergers ,
Supply Chain ,
Vertical Mergers
The Federal Trade Commission, by a 3-2 party-line vote, has settled a vertical merger challenge in exchange for the merging companies' behavioral commitments. The decision and Commissioner statements signal tension for FTC...more
After eighteen months of investigation and litigation, a federal district court has rejected the Justice Department's challenge to AT&T's $108 billion acquisition of Time Warner Inc. Although the government could appeal, the...more