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Acquisitions Competition Divestiture

Goodwin

Antitrust & Competition Technology Quarterly Update - Q1 2023

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The start of 2023 has been a busy one, with global antitrust agencies advancing investigations and challenging a number of technology acquisitions. Future antitrust enforcement could also be shaped by new digital market...more

Skadden, Arps, Slate, Meagher & Flom LLP

Boards and M&A: Playing, and Winning, the Game of Regulatory Risk

Takeaways - With increasingly aggressive antitrust and foreign investment reviews, directors need to be fully informed about the risks of deals from the beginning of negotiations. Boards should insist that management and its...more

Hogan Lovells

FTC establishes broad policy to require prior approval provisions in all merger divestiture orders

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On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more

Jones Day

DOJ Antitrust Division Updates Merger Remedies Guide

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The U.S. Department of Justice's ("DOJ") new remedies guide reinforces its strong preferences for structural divestitures and upfront buyers to resolve merger investigations. Last week, the DOJ released a new "Merger...more

Proskauer Rose LLP

New DOJ Merger Remedies Manual Cites Strong Preference for Structural Remedies - New Openness to Private Equity Buyers

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The United States Department of Justice released its revised Merger Remedies Manual on September 3, 2020, providing “Antitrust Division attorneys and economists with a framework for fashioning and implementing appropriate...more

Perkins Coie

“Reasonableness” Is in the Eye of the Beholder: Vague Contracts Clauses Invite Litigation

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Schick, the shaving product company, recently announced it was abandoning its proposed $1.4 billion acquisition of rival startup Harry’s Razors. The announcement followed the U.S. Federal Trade Commission’s (FTC) threat to...more

Jones Day

Post-Order Merger Divestitures Likely to Face "Uphill" Battle with FTC

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New guidance from the Federal Trade Commission's ("FTC") staff describes the FTC's views on "post-order" divestitures and highlights the difficulties in persuading the FTC to abandon its preference for upfront buyers in...more

Epstein Becker & Green

FTC Reiterates Importance of Compliance Reports

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On March 11, 2019, the Director of the Federal Trade Commission’s (“FTC’s”) Bureau of Competition and the Assistant Director of the Bureau’s Compliance Division coauthored a blog post to announce the revision of “standard...more

Jones Day

Antitrust Alert: FTC Merger Settlement Exposes Rift Over Antitrust Merger Enforcement

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The Federal Trade Commission, by a 3-2 party-line vote, has settled a vertical merger challenge in exchange for the merging companies' behavioral commitments. The decision and Commissioner statements signal tension for FTC...more

Mintz

FTC Requires Divestiture of Assets in Industrial Gas Suppliers’ $80 Billion Merger

Mintz on

On October 22, 2018, the FTC announced it had reached a settlement with industrial gas suppliers Praxair, Inc. and Linde AG (the “Parties”) arising out of their proposed merger. According to the FTC’s Complaint, issued by 4-1...more

McDermott Will & Emery

THE LATEST: Entanglements and Concentrated Markets Require Divestiture in the Dairy Industry

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On July 6, 2016, Danone S.A. (Danone) agreed to acquire The WhiteWave Foods Company (WhiteWave) for $12.5 billion. WhiteWave is the leading manufacturer of fluid organic milk in the United States and one of the top...more

Dechert LLP

Antitrust Updates for Private Equity Firms

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In an era of robust merger enforcement by the U.S. antitrust agencies, opportunities abound for private equity firms to acquire divested businesses for value. These acquisitions of divested businesses are increasingly subject...more

Dechert LLP

FTC Requires Divestitures in Ahold/Delhaize of 81 Stores and Gives Upfront Buyers More Time to Complete Acquisitions; Continues...

Dechert LLP on

- The U.S. Federal Trade Commission (FTC) required divestitures in many local markets in Ahold/Delhaize despite the fact that there were between three and six remaining competitors (i.e., 4-to-3, 5-to-4, 6-to-5, and 7-to-6...more

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