When President Biden appointed Lina Khan to lead the Federal Trade Commission, and Jonathan Kanter to lead the Antitrust Division of the Department of Justice, he staked out an energetic new approach to antitrust enforcement...more
1/20/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Regulatory Agenda ,
Trump Administration
Last summer, on June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice (DOJ), unveiled proposed new rules governing implementation of the Hart-Scott-Rodino Act’s (HSR) premerger...more
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
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
The previous year in antitrust enforcement has been marked by rapid change. In many ways this foreshadows things to come in 2023, as antitrust enforcement agencies’ tough rhetoric continues to ramp up into real-world action....more
12/21/2022
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Continuing Legal Education ,
Corporate Counsel ,
Corporate Governance ,
Enforcement ,
Mergers ,
Regulatory Reform ,
Webinars
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
10/26/2022
/ Acquisitions ,
Antitrust Division ,
Big Tech ,
Board of Directors ,
Competition ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Internal Investigations ,
Mergers ,
Publicly-Traded Companies ,
Section 8 ,
Startups ,
Technology Sector ,
The Clayton Act
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 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
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
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