On December 18, 2023, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released the final 2023 Merger Guidelines (the Guidelines). While the final version of the Guidelines reflects...more
12/22/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Vertical Mergers
In July, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more
9/7/2023
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Regulatory Agenda ,
Threshold Requirements
Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more
9/7/2023
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Board of Directors ,
Corporate Governance ,
Delisting ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Horizontal Merger Guidelines ,
Internal Investigations ,
Mergers ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Sellers ,
Share Buybacks ,
Shareholders ,
Short Selling ,
UK
The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more
On December 2, 2021, the Federal Trade Commission (FTC or Commission) filed an administrative complaint challenging Nvidia’s $40 billion acquisition of Arm Ltd., a subsidiary of the Softbank Group. The Commission, which voted...more
On June 28, 2021, Judge James E. Boasberg of the U.S. District Court for the District of Columbia granted Facebook’s motions to dismiss two parallel antitrust complaints filed by the Federal Trade Commission (FTC) and a group...more
7/12/2021
/ Acquisitions ,
Antitrust Provisions ,
Corporate Counsel ,
Facebook ,
Federal Trade Commission (FTC) ,
Instagram ,
Laches ,
Monopolization ,
Sherman Act ,
Social Media ,
The Clayton Act ,
WhatsApp
The question is no longer whether the volatility created by the COVID-19 pandemic will deepen the difficulties businesses and other institutions face in the coming months, but by how much and in what ways. In the past few...more
3/21/2020
/ Acquisitions ,
Antitrust Provisions ,
Audits ,
Board of Directors ,
Coronavirus/COVID-19 ,
Corporate Restructuring ,
Corporate Taxes ,
Court Closures ,
Debt-Equity ,
Energy Projects ,
Families First Coronavirus Response Act (FFCRA) ,
IRS ,
Liquidity ,
Mergers ,
Power Infrastructure ,
Securities Litigation ,
Shareholder Activism ,
Shareholder Meetings ,
Stock Repurchases
Skadden’s Antitrust and Competition Group and the economics firm Charles River Associates recently co-hosted the ninth annual “Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers” seminar...more
3/5/2019
/ Acquisitions ,
Antitrust Investigations ,
Artificial Intelligence ,
AT&T ,
Bid Rigging ,
Cartels ,
Cloud Computing ,
Collusion ,
Competition ,
Consumer Protection Laws ,
Data Privacy ,
Department of Justice (DOJ) ,
Digital Marketplace ,
EU ,
Federal Trade Commission (FTC) ,
FRAND ,
Innovation ,
Merger Controls ,
Mergers ,
Monopolization ,
No-Poaching ,
Online Platforms ,
Qualcomm ,
Reputational Injury ,
Social Media ,
Technology Sector ,
Time Warner ,
Vertical Mergers
Three years ago, China’s Ministry of Commerce (MOFCOM) introduced a simplified merger review procedure to reduce the review time for transactions that do not pose significant competitive or industrial policy concerns in...more
In a continuation of recent Department of Justice (DOJ) successes challenging mergers, the U.S. District Court for the District of Columbia recently enjoined two more proposed mergers brought and litigated under the Obama...more
2/14/2017
/ Acquisitions ,
Aetna ,
Affordable Care Act ,
Anthem Insurance ,
Anti-Competitive ,
Antitrust Division ,
CIGNA ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Insurance ,
Humana ,
Medicare Advantage ,
Mergers ,
State Health Insurance Exchanges
On November 28, 2016, the Premerger Notification Office of the Federal Trade Commission (PNO) and the Antitrust Division of the Department of Justice (DOJ) both announced potentially important changes in the way the agencies...more
On May 10, 2016, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia released his highly anticipated decision in the matter of Staples’ acquisition of Office Depot, granting the Federal Trade...more
December 7, 2015, was an eventful day for U.S. antitrust enforcement agencies. The Department of Justice achieved a high-profile win when General Electric Co. decided to abandon the proposed sale of its appliance unit to...more
On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (Steris) from acquiring its alleged potential competitor, Synergy...more
On January 8, 2014, the Department of Justice (DOJ) prevailed in its challenge to Bazaarvoice’s consummated $168 million acquisition of PowerReviews. The United States District Court for the Northern District of California...more