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
On January 10, 2025, the Federal Trade Commission announced 2025 annual statutory adjustments to the Hart-Scott-Rodino Act thresholds. These thresholds determine which mergers and acquisitions must be reported to United...more
1/15/2025
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Compliance ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Final Rules ,
Hart-Scott-Rodino Act ,
Jurisdictional Thresholds ,
Mergers ,
Pending Litigation ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
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
In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive...more
1/23/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Cross-Border ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Regulatory Reform ,
Regulatory Requirements ,
Section 5 ,
Vertical Mergers
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
On December 8, 2022, the same day that the Federal Trade Commission (FTC) delivered its opening arguments to a federal judge in California in the FTC’s bid to halt Meta’s acquisition of virtual reality gaming company Within,...more
12/23/2022
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Provisions ,
Big Tech ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
Microsoft ,
Vertical Mergers ,
Video Games ,
Virtual Reality
On July 9, 2021, just days into her tenure as Federal Trade Commission (FTC or Commission) Chair, Lina Khan led the Commission’s charge to rescind the agency’s 2015 policy statement (2015 Statement) on its approach to...more