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Anti-Competitive Horizontal Merger Guidelines Federal Trade Commission (FTC)

Skadden, Arps, Slate, Meagher & Flom LLP

What the New Federal Merger Guidelines Mean for Companies Pursuing Deals

In July, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2023

Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more

Epstein Becker & Green

The Failing Firm Defense Is an Absolute Defense to an Otherwise Anticompetitive Merger

Epstein Becker & Green on

The fact that a merger might be anticompetitive is not a reason to prohibit a transaction if all of the elements of the “failing firm defense” are met, as described below.  In fact, the antitrust agencies have long recognized...more

McDermott Will & Emery

Antitrust Enforcement Update: Spotlight on Physician Transactions

McDermott Will & Emery on

At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more

Mintz

Despite Presence of “Power Buyer,” FTC Obtains Preliminary Injunction of Proposed Physician Acquisition in North Dakota

Mintz on

While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny. Last week, in a 69-page opinion, a federal district court granted the...more

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