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Antitrust & Trade Regulation Mergers & Acquisitions

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

Bayer/Monsanto: European Commission Continues Its Trend of More Aggressive Divestments to Address Innovation Concerns

by Shearman & Sterling LLP on

The European Commission has routinely considered potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology. In recent years, however, the...more

How to Avoid “Gun Jumping” in Corporate Transactions

by Epstein Becker & Green on

Until closing, parties to a merger, acquisition, or similar transaction must remain independent competitors. Failure to do so is known as “gun jumping” and can be a simultaneous violation of the Hart-Scott-Rodino Antitrust...more

CFIUS Continues Aggressive Intervention, Qualcomm Deal Blocked

by Bass, Berry & Sims PLC on

On March 12, 2018, President Trump blocked Broadcom, a Singapore-based semiconductor manufacturer, from pursuing the purchase of U.S.-based Qualcomm, a rival chip maker. Broadcom’s offer, reportedly for $117 billion or...more

President Trump halts Broadcom takeover of Qualcomm

by Hogan Lovells on

On 12 March 2018, President Trump issued an order blocking the proposed hostile takeover of Qualcomm Incorporated, a semiconductor and telecommunications equipment company headquartered in California, by Broadcom Limited, a...more

DOJ Consent Decree Changes Reduce Room for Error

by McDermott Will & Emery on

WHAT HAPPENED - The Department of Justice Antitrust Division (DOJ) implemented new provisions in merger consent decrees that: ..Make it easier for DOJ to prove violations of a consent decree and hold parties in...more

Analysis of Executive Order Prohibiting Broadcom’s Acquisition of Qualcomm

President Donald Trump’s recent executive order blocking Broadcom Limited’s acquisition of chipmaker Qualcomm, Inc. (the Order) is the latest in a series of significant actions and statements regarding the national security...more

A Two-Sided Coin: Regulation and Merger Control in the EU Telecommunications Sector

by Jones Day on

The Ruling: The Dutch competition authority's approval of KPN's acquisition of fiber operator Reggefiber was upheld by the Dutch Trade and Industry Appeals Tribunal in February 2018. In assessing the merger's competitive...more

Antitrust M&A Snapshot: July – December 2017 Update

by McDermott Will & Emery on

United States: July – December 2017 Update - Although delays in antitrust appointments continued throughout the second half of 2017, the Federal Trade Commission (FTC) and Department of Justice (DOJ) continued to actively...more

The Italian Competition Authority Updates the Merger Notification Thresholds

by Shearman & Sterling LLP on

By a decision adopted on 7 March 2018 and published in its Bulletin of 12 March 2018, the Italian Competition Authority has updated the thresholds for merger notification, adjusting them to the inflation rate. The new...more

FTC Alleges Another Price Discrimination Market – Seeks to Block Wilhelmsen’s Acquisition of Drew Marine

by McDermott Will & Emery on

The Federal Trade Commission (FTC) recently announced that it has challenged a merger between Wilhelmsen Maritime Services (Wilhelmsen) and Drew Marine Group (Drew) because of an overlap in service to “global fleet...more

EU Competition Newsletter - March 2018

by Bryan Cave on

Early attention to the antitrust considerations of a given transaction can go a long way towards promoting the chances of timely or even early clearance of a transaction. As an initial matter, parties should focus their...more

THE LATEST: Just Because Your Deal Cleared Doesn’t Mean You’re in the Clear

by McDermott Will & Emery on

Dealmakers know that a critical part of the merger process is obtaining antitrust clearance from government enforcers. But, even if the antitrust enforcers review and clear a transaction, a third-party can file a private suit...more

Antitrust M&A Snapshot - March 2018

by McDermott Will & Emery on

United States: July – December 2017 Update - Although delays in antitrust appointments continued throughout the second half of 2017, the Federal Trade Commission (FTC) and Department of Justice (DOJ) continued to actively...more

DOJ Announces Roundtable Series on Competition and Deregulation

The Department of Justice (“DOJ”) Antitrust Division recently announced plans to hold a series of public roundtable discussions to analyze the relationship between competition and regulation, and its implications for...more

Institutional Investor Shareholdings Come Under European Commission Scrutiny

by Jones Day on

The Situation: A recent study examining common corporate shareholdings in the United States argues that the holding of even minority stakes in rival companies by institutional investors affects competition. The European...more

Natural Gas Importer Sues U.S. Customs for Rejecting NAFTA Claims

by Perkins Coie on

An importer of natural gas from Canada filed suit on February 23, 2018, alleging that U.S. Customs and Border Protection (CBP) unlawfully denied preferential treatment for its imports under the North American Free Trade...more

Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers

Skadden’s Antitrust and Competition Group and the economics firm Charles River Associates recently hosted the eighth annual “Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers” seminar in...more

Proposed CVS Health-Aetna Acquisition Holds Strong in Congressional Hearing

Last Tuesday, February 27, 2018, representatives of CVS Health and Aetna went before the House Judiciary Committee Subcommittee on Regulatory Reform, Commercial, and Antitrust Law (“Subcommittee”) to argue in favor of CVS...more

House Judiciary Subcommittee Holds Hearing on Proposed CVS/Aetna Merger

On February 27, the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing to consider the implications of the proposed CVS/Aetna merger. The transaction, valued at approximately $69...more

Sharing Competitively Sensitive Information Can Pose Antitrust Risks

by Epstein Becker & Green on

The sharing of confidential and proprietary information among competitors and potential competitors (even during due diligence) can raise serious antitrust concerns. In particular, parties must avoid exchanging information...more

How an Amicus Brief Can Win an Appeal

Economists are endemic to antitrust litigation. Their expertise is often necessary to explain why the conduct or merger at issue will have no impact (or a huge impact!) on competition in a market. ...more

Australian and New Zealand Competition and Consumer Law Update

by Jones Day on

Message from the Editors - The holiday and new year period was not a quiet one in Australian competition law. Many of the recommendations from an extensive assessment of the Australian competition law were implemented. In...more

The Increased HSR Thresholds for 2018 Became Effective on Feb. 28, 2018

On Jan. 26, 2018, the Federal Trade Commission announced the 2018 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The HSR Act notification requirements apply to transactions...more

Increased 2018 Competition Act and Investment Canada Act thresholds

by Dentons on

Two key financial thresholds relevant to the review of proposed transactions under Canada’s Competition Act (CA) and Investment Canada Act (ICA) have now been increased for 2018....more

Proposals Should Carefully Address Pending Corporate Deals

Lockheed Martin’s recent success in overcoming GAO protests shows that fully explaining a transaction in the works can be a key proposal element. The GAO has denied three protests of a high-profile contract award to...more

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