News & Analysis as of

Acquisitions Federal Trade Commission

International News: Brexit & the US Administration

by McDermott Will & Emery on

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more

Don't Ignore Privacy and Data Security: Pre-Deal and Negotiation Considerations for Buyers in Merger and Acquisition Transactions

Almost all parties are required to exchange personal data as part of a merger and acquisition transaction. With data breaches on the rise, any buyer in a M&A transaction cannot afford to ignore privacy and data security...more

Global Privacy & Cybersecurity Update Vol. 16

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...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

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

Reminder: Equity Compensation May Require Personal, Individual HSR Filings

by Goodwin on

Do you receive any form of equity-based compensation? Does your company grant any form of equity-based compensation? If so, it is critical to remember that common equity-based compensation, such as option exercises,...more

Future Impacts of Valero’s Decision to Abandon Martinez Terminal

by Holland & Knight LLP on

Valero Petroleum company announced on Sept. 18, 2017 that it would abandon its plans to acquire the Plains All American Pipeline terminal facilities in Martinez and Richmond, California. These facilities appear to be the last...more

DOJ Reminds Companies That Expiration of HSR Waiting Period Is Not Always the Antitrust Agencies' Final Say

On September 26, 2017, the Department of Justice (DOJ) filed a complaint in the U.S. District Court for the District of Delaware challenging Parker-Hannifin Corporation's (Parker's) consummated acquisition of CLARCOR, Inc....more

THE LATEST: Integra Forced to Divest Neurosurgical Tools to Gain FTC Clearance

by McDermott Will & Emery on

WHAT HAPPENED - On February 14, 2017, Integra agreed to purchase Johnson & Johnson’s Codman neurosurgery business (excluding Codman’s neurovascular and drug deliver businesses) for $1.045 billion.... ...more

DOJ’s Challenge of Parker-Clarcor: HSR Clearance Does Not Equal Safe From DOJ Challenge

by Shearman & Sterling LLP on

On September 26, the DOJ challenged Parker-Hannifin’s $4.3-billion consummated acquisition of Clarcor, serving as a reminder that receiving HSR clearance does not immunize transactions from being challenged, even after...more

Senate Democrats Push for Tougher Merger Enforcement

by McDermott Will & Emery on

On September 14, 2017, Senator Amy Klobuchar (D-MN), introduced new legislation to curtail market concentration and enhance antitrust scrutiny of mergers and acquisitions. As the Ranking Member of the Senate Judiciary...more

It’s a Sign of the Times: Challenges to Big Oil Transactions Will Likely Continue in California

by Holland & Knight LLP on

Valero Energy Corporation will likely face an uphill battle ahead in California over its plans to purchase storage terminals in Martinez and Richmond, California from Plains All American Pipeline. The California Attorney...more

Antitrust M&A Snapshot - July 2017

by McDermott Will & Emery on

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

The FTC Continues to Challenge Healthcare Mergers

Confirming that hospital merger enforcement continues to be a priority under the new administration, the Federal Trade Commission (FTC) and the North Dakota Attorney General recently challenged Sanford Health’s proposed...more

QVC/HSN :: A Deal You Probably Weren’t Thinking About

by Kelley Drye & Warren LLP on

On July 6, 2017, QVC announced its intent to acquire the remaining 62 percent of Home Shopping Network it doesn’t already own. More so than DraftKings or Walgreens, this transaction will demonstrate whether Trump’s election...more

Three big questions about AI in financial services

by White & Case LLP on

To ride the rising wave of AI, financial services companies will have to navigate evolving standards, regulations and risk dynamics—particularly regarding data rights, algorithmic accountability and cybersecurity....more

THE LATEST: Federal Trade Commission and State Attorney General Seek to Block a Health System’s Physician Group Acquisition

by McDermott Will & Emery on

With its latest lawsuit to block an acquisition of physicians, the Federal Trade Commission (FTC) confirmed last week that monitoring physician consolidation is a priority. The FTC and North Dakota Attorney General sued to...more

The State AG Report Weekly Update

by Cozen O'Connor on

Antitrust- FTC, North Dakota Attorney General Challenge Acquisition of Health Care Provider- The Federal Trade Commission (“FTC”) and North Dakota AG Wayne Stenehjem filed a joint complaint in federal district court...more

THE LATEST: DOJ Price-Fixing Probe Demonstrates That Deal Risk Is Not the Only Antitrust Concern Merging Parties Should Keep in...

by McDermott Will & Emery on

Bumble Bee Foods, and two of its senior vice presidents, have recently pled guilty to US Department of Justice (DOJ) charges that they engaged in a conspiracy to fix prices of shelf-stable tuna fish sold in the United States...more

3 Reasons Every Company Should Have a Business Transfer Clause in its Privacy Policy

Customer data is an extremely valuable business asset. It influences how companies communicate with customers, understand purchasing preferences, track time spent interacting with the brand, and identify habits and trends...more

Privacy Due Diligence In A Merger Or Acquisition: A How-To Guide

by Bryan Cave on

The FTC can hold an acquirer responsible for the bad data privacy practices of a company that it acquires. Evaluating a target’s data privacy practices, however, can be daunting and complicated by the fact that many “data”...more

May Antitrust Bulletin

by McGuireWoods LLP on

Confirmation Hearing May 10 for Antitrust Division Nominee Makan Delrahim - In late March 2017, President Trump nominated current White House deputy counsel Makan Delrahim to be assistant attorney general for the...more

THE LATEST: Enforcers Continue Recent Focus on Innovation Concerns with Emerson/Pentair Consent Agreement

by McDermott Will & Emery on

The FTC’s recent consent agreement addressing concerns regarding Emerson Electric Co.’s (Emerson) acquisition of Pentair Plc (Pentair) demonstrates a continued focus on whether transactions will reduce the incentive for...more

Antitrust M&A Snapshot - April 2017

by McDermott Will & Emery on

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

by Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

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