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Antitrust & Trade Regulation Administrative Agency Mergers & Acquisitions

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

REGULATORY: EU Competition Law: UK Competition Commission Clears Water Merger – Unconditionally for First Time by Suzanne Rab

by King & Spalding on

Owning and buying privatised network utilities in the UK raises regulatory issues, yet there continues to be interest in investing in them. On 31 May 2012, the UK Competition Commission (“CC”) approved the acquisition by...more

ECJ Rules Access to Documents Can Be Denied on Basis of General Presumption That Disclosure Undermines Merger Control Proceedings

by McDermott Will & Emery on

There is a general presumption that the grant of public access to documents relating to merger control proceedings would undermine the purpose of those proceedings. The Commission does not therefore have to carry out an...more

FTC's Renewed Focus on Hospital Merger Enforcement Reflected in Appointment of Its First Deputy Director for Health Care and...

by Proskauer Rose LLP on

This note briefly analyzes the scholarly work of Leemore Dafny, who recently has been appointed as the FTC's first Deputy Director for Health Care and Antitrust, beginning August 1. A Harvard- and M.I.T.-educated economist,...more

UK Parliament Debates Changes to UK Competition Regime – Need to Know

by Reed Smith on

The UK Parliament has now begun to debate the changes to the UK competition regime announced on 15 March 2012. The draft legislation, set out in the Enterprise and Regulatory Reform Bill, was introduced into Parliament on 25...more

Pennsylvania Attorney General Requires Merging Hospitals to Contract Separately with Payors in Settlement Agreement

by McDermott Will & Emery on

In addition to the federal antitrust enforcement agencies, state attorneys general continue to take an active role in antitrust enforcement, especially in the health care industry. Last week, the Pennsylvania Attorney...more

China's MOFCOM Grapples With Open Source Issues In Google-Motorola Deal

This past February the US Department of Justice (“DOJ”) and European Commission (“Commission”) cleared Google Inc.’s acquisition of Motorola Mobility Holdings Inc. without any conditions. In contrast, on May 19, 2012 the...more

Health Law Alert: Overview: Provider Mergers in Response to Health Care Reform and Changing Market Dynamics

by Baker Donelson on

In this edition of Health Law Alert, Ober|Kaler's Antitrust Group presents several articles addressing the recent wave of hospital and physician mergers, and the evaluation and treatment of those mergers by the Federal Trade...more

Essential Health Transaction Planning for Providers in Today’s Antitrust Enforcement Climate

by McDermott Will & Emery on

Federal antitrust enforcement agencies continue to challenge transactions in the health industry that they view as anticompetitive. This newsletter provides an update on recent public comments by government officials...more

MOFCOM's "Fusion" Approach to Chinese Merger Control

We often hear about how China’s merger review “diverges” from other jurisdictions, most recently in reaction to conditional approvals of the Seagate/Samsung and Western Digital/Hitachi mergers. But China's MOFCOM is merely...more

New UK Competition and Markets Authority: What’s in a Name?

by Dechert LLP on

On 16 March 2011, the UK government’s Department for Business, Innovation and Skills (BIS) launched a consultation proposing a number of reforms to the UK competition regime. After considering the responses on its proposals...more

Healthcare Tops the Agenda of U.S. Antitrust Enforcers

by Morgan Lewis on

Agencies promise close scrutiny of hospital mergers, reverse payment settlements, and REMS abuses. During a roundtable discussion featuring federal and state enforcers at the American Bar Association Section of...more

Department of Justice Requires Divestitures to Preserve Competition for Medicare Advantage Plans

Under a proposed settlement agreement with the Department of Justice (DOJ), private insurers Humana Inc. (Humana) and Arcadian Management Services, Inc. (Arcadian) must divest certain of Arcadian’s assets in parts of five...more

Is Your Company's Website Revealing International Trade Law Violations?

by David Schwartz on

Is your company's website revealing international trade law violations?...more

UK Government announces overhaul of competition regime – Need to Know

by Reed Smith on

On 15 March 2012, the UK Government released its plans for reform of the UK competition regime. We summarise the main reforms. A new Competition and Markets Authority (CMA) The Government will create a new authority...more

China’s Anti-Monopoly Law: What To Expect In 2012

Originally Published in Law360, March 9, 2012. Unlike other jurisdictions where antitrust enforcement is centralized, in China three agencies enforce the Chinese Anti-Monopoly Law (“AML”). The Ministry of Commerce...more

"Competition Remedies for Mergers, Acquisitions and Joint Ventures: China’s Diverging Practice from EU and U.S. Agencies"

Companies contemplating global mergers, acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition...more

FERC Reaffirms its Policies on Analyzing Horizontal Market Power

by King & Spalding on

In an order issued on February 16, 2012 (February 16 Order), the Federal Energy Regulatory Commission (FERC) reaffirmed its policies regarding horizontal market power analyses under Sections 203 and 205 of the Federal...more

FERC Reaffirms Merger Policy; Does Not Adopt DOJ/FTC 2010 Horizontal Merger Guidelines

by McDermott Will & Emery on

Public utilities could face different levels of scrutiny in merger reviews before the U.S. Federal Energy Regulation Commission, and the Department of Justice and the Federal Trade Commission (the Antitrust...more

FTC Announces New Filing Thresholds for Hart Scott Rodino Notifications

The Federal Trade Commission has announced new notification thresholds for Premerger Notification Reports that must be filed under the Hart Scott Rodino Antitrust Improvements Act (HSR). The notification thresholds are...more

REGULATORY: Converging On Federal Reviews Of Electricity Mergers

by King & Spalding on

Although the Federal Energy Regulatory Commission and the U.S. Department of Justice have in large part concurrent jurisdiction over electricity mergers, the two agencies have coordinated little in their review of...more

European Commission Reform of Antitrust Procedures and Revised Hearing Officer Mandate

by King & Spalding on

On October 17, 2011, the European Commission (Commission) adopted a set of packages designed to safeguard parties’ procedural rights and to increase interaction between the Commission and interested parties in EU antitrust...more

FERC Imposes Conditions on Proposed Duke - Progress Merger

by Poyner Spruill LLP on

The Federal Energy Regulatory Commission issued an order on September 30, 2011 that conditionally approved the proposed merger of Duke Energy and Progress Energy, but stated that issues regarding competition must be resolved...more

FTC, DOJ Announce Final HSR Rules Requiring Significant Additional Reporting Obligations, Including Expanded Scope of Document...

by Dechert LLP on

Key Points - The FTC and DOJ have announced final changes to the HSR filing rules, effective 30 days after publication in the Federal Register, which is expected to occur on or about July 18, 2011. - The changes...more

FTC/DOJ Announce Changes to HSR Merger Notification Requirements

by Bracewell LLP on

The Federal Trade Commission and the U.S. Department of Justice Antitrust Division have announced significant changes to the Hart-Scott-Rodino (HSR) mandatory reporting requirements for merger and acquisition transactions...more

FTC and DOJ, Your Least Favorite Marriage Counselors

by Davis Wright Tremaine LLP on

You and another company fall in love and now you want to make it official by merging. It’s like a big corporate romantic comedy starring Jennifer Aniston and…well…you. But before the big climactic kiss, the Federal Trade...more

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