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Mergers & Acquisitions Antitrust & Trade Regulation

Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:

The Trump DOJ’s View on Merger Enforcement and Remedies Explained

by BakerHostetler on

President Trump’s head of the Department of Justice’s Antitrust Division, Makan Delrahim, recently explained that the division will cut back on behavioral commitments such as consent orders regulating conduct and will instead...more

THE LATEST: DOJ Antitrust Chief Casts Doubt on Using “Behavioral Remedies” to Fix Problematic “Vertical” Mergers

by McDermott Will & Emery on

WHAT HAPPENED: ..On Thursday, November 16, 2017, newly confirmed Assistant Attorney General for Antitrust Makan Delrahim, speaking at the American Bar Association Section of Antitrust Law’s Fall Forum, explained where...more

National security reviews 2017: A global perspective — Japan

by White & Case LLP on

Past deals have almost all been approved, but 2017 amendments to FEFTA widened the scope of review and strengthened enforcement mechanisms - Under the Foreign Exchange and Foreign Trade Act (FEFTA), the Ministry of...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

DealBook’s Common Sense column takes a look at the AT&T/Time Warner deal and the “battle lines” forming for an “epic” antitrust battle, in spite of the vertical nature of the merger (the companies don’t compete in any...more

Antitrust Alert - Le contrôle des concentrations en Europe - Ce qui change en 2017

Les règles de l’Union Européenne en matière de contrôle des concentrations coexistent avec les régimes nationaux du droit des concentrations dans la plupart des 28 Etats membres. La notification et l’approbation d’une ou...more

Antitrust Alert - Merger control in Europe - What changes in 2017

The European Union (“EU") merger control regime coexists with national merger control regimes in almost all of the 28 EU Member States. Depending on the parties’ turnover and market shares, the filing and clearance of...more

National security reviews 2017: A global perspective — Australia (Updated)

by White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer...more

Lessons for Private Equity Shareholders and Merging Parties from the FTC’s Challenge of Red Ventures/Bankrate

by Goodwin on

The Federal Trade Commission recently challenged Red Ventures’ proposed $1.4 billion acquisition of Bankrate, alleging it would lessen competition in the market for third-party paid referral services for senior living...more

Episode 10 -- How to Conduct a Risk and Compliance Program Assessment

by Michael Volkov on

An effective ethics and compliance program requires a careful assessment of risks and existing controls. In order to design and implement an effective program, a chief compliance officer has to identify and prioritize...more

The Foreign Investment Regulation Review Edition 5 – EU Overview

by Hogan Lovells on

THE EU PLANS TO START REVIEWING FOREIGN INVESTMENTS: A MODEST AMBITION? The past months have witnessed intense discussions at European and national level on the need to review foreign investment flows in sensitive sectors....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

AT&T’s chief is weighing in the DOJ’s call to sell CNN in order to make its deal with Time Warner go through, and, as Randall sees it, “selling CNN makes no sense”....more

ACCC Releases Media Merger Guidelines

by Jones Day on

The Situation: The Australian Competition and Consumer Commission ("ACCC") has released new guidelines on mergers in the media industry. Looking Ahead: The new guidelines provide some—but not sufficient—clarification on...more

EU General Court orders fresh review of Liberty Global/Ziggo merger

by Dechert LLP on

The EU lower court has overturned a 2014 merger clearance by the European Commission (EC) following an appeal by a third party. Overturning the clearance does not mean that the deal is now prohibited. Instead, the case...more

Is the DOJ's Approval of AT&T's Acquisition of Time Warner Conditioned on the sale of CNN?

by Womble Bond Dickinson on

According to several news outlets, the Department of Justice has called on AT&T and Time Warner to sell DirectTV or Turner Broadcasting, which includes CNN, in order to gain approval of AT&T's $84.5 billion acquisition of...more

National security reviews 2017: A global perspective — China (Updated)

by White & Case LLP on

China is attempting to implement a more structured and comprehensive system to keep a closer eye on economic deals that might have security implications - A ministerial review panel established by China's Ministry of...more

National security reviews 2017: A global perspective — Germany (Updated)

by White & Case LLP on

Stricter regime for reviews of inbound transactions applied by the Federal Ministry for Economic Affairs and Energy - Following a surge in political initiatives for stronger investment control at the German and European...more

Corporate Concentration, Mergers, and Antitrust Enforcement in the Current Political Climate

by Holland & Knight LLP on

Attacking the vigor and effectiveness of antitrust enforcement has become increasingly popular political subject. Just last week, Senator Cory Booker released a letter to the FTC and DOJ urging them to consider the interests...more

The FTC’s Challenge of Red Ventures–Bankrate: Antitrust Risks in Deals Backed by Private Equity Minority Shareholders

by Shearman & Sterling LLP on

On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal likely would have lessened competition in the market for...more

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

by Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Beware of “Gun Jumping”: EU Court Upholds EUR 20 Million Fine Imposed On Norwegian Seafood Company

by McDermott Will & Emery on

Between 2012 and 2013, Marine Harvest ASA (“Marine Harvest”), a Norwegian seafood company, acquired Morpol ASA (“Morpol”), a Norwegian producer and processor of salmon. Marine Harvest notified the transaction to the European...more

EU Court annuls a 2014 European Commission merger clearance for insufficient reasoning

by White & Case LLP on

The EU General Court ("GC" or "Court") annulled a 2014 decision of the European Commission ("Commission") clearing the Liberty Global/Ziggo transaction for lack of appropriate reasoning. The GC found that the Commission...more

Episode 8 -- The Critical Importance of Beneficial Ownership to Compliance

by Michael Volkov on

In the aftermath of the Panama Papers scandal and increased focus on shell companies and hidden ownership interests, US enforcement and regulatory agencies are increasing focus on beneficial ownership of related entities. In...more

UK Government to Reform M&A Rules to Protect National Security

by Jones Day on

The Situation: The UK government is introducing new protectionist measures concerning acquisitions of businesses operating in the United Kingdom. The Impact: The government intends to expand the scope of acquisition...more

Health Update - October 2017

A New Look at Digital Health Business Models - Editor’s Note: The Commonwealth Fund is developing an innovative digital health advisor (DHA)—an integrated suite of digital services that would provide consumers with health...more

Tennessee Approves Ballad Health COPA Over FTC Protests

In the face of the Federal Trade Commission’s (FTC’s) string of litigation successes over the last several years challenging hospital mergers on antitrust grounds, there has been an increased focus on the potential use of...more

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