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Antitrust Division Antitrust Provisions Acquisition Agreements

DLA Piper

FTC signals continuation of rigorous approach to merger enforcement

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Recently appointed Federal Trade Commission (FTC) Chairman Andrew Ferguson affirmed last week in a memorandum to FTC staff that the 2023 Merger Guidelines will remain in effect for the foreseeable future. This decision aligns...more

Robins Kaplan LLP

Destination Skiing And The DOJ's Mountain Merger Challenge

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This summer, the U.S. Department of Justice requested additional information on Alterra Mountain Co.'s planned acquisition of Arapahoe Basin, known as A-Basin, signaling the first DOJ challenge to a ski mountain merger in...more

Troutman Pepper Locke

FTC Secures Record Gun-Jumping Settlement in Energy Transaction

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The Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ) announced a record-setting $5.6 million gun-jumping fine related to Verdun Oil Company II LLC’s acquisition of EP Energy LLC. Although...more

Troutman Pepper Locke

A Look at State AGs Supermarket Antitrust Enforcement Push

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Gone are the days when state attorneys general leave antitrust enforcement to their federal counterparts at the Federal Trade Commission or the U.S. Department of Justice Antitrust Division. Originally published in Law360...more

Seyfarth Shaw LLP

FTC and DOJ Seek Public Help Identifying “Serial Acquisition Strategy” Targets

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The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) announced on Thursday, May 23, that they are expanding their search for businesses using “roll up” strategies to consolidate...more

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

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Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Cornerstone Research

Trends in Merger Investigations and Enforcement at the U.S. Antitrust Agencies: Fiscal Years 2005-2022

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In fiscal year 2022, merger transactions and second requests decreased from the prior year....more

Troutman Pepper Locke

FTC and DOJ Announce Workshops on the 2023 Draft Merger Guidelines

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The Federal Trade Commission (FTC) and Department of Justice (DOJ), Antitrust Division announced that they will hold three workshops regarding their jointly issued Draft Merger Guidelines. The first virtual workshop will be...more

Jones Day

DOJ/FTC Propose Massive Changes to HSR Premerger Filings: What You Need to Know

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The Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ”) have proposed to expand dramatically the scope and burden of preparing a merger filing in the United States. The proposed changes...more

A&O Shearman

New merger guidelines greatly rewrite the framework for reviewing M&A transactions

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On July 19, 2023, the Federal Trade Commission and Department of Justice Antitrust Division announced sweeping changes to how they review deals. The agencies published new “Merger Guidelines” that identify the competition...more

Davis Wright Tremaine LLP

A Record-Breaking Year of Mergers and Acquisitions

On February 10, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) released the 44th Hart-Scott-Rodino Annual Report, which surveys fiscal data and trends in the agencies' jointly administered...more

Polsinelli

Promise Made, Promise Kept: The Justice Department Follows Through With Interlocking Directorate Enforcement

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On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more

The Volkov Law Group

DOJ’s Antitrust Division Begins Trials to Block Two Large Mergers

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The Justice Department’s Antitrust Division continues to push its aggressive civil and criminal agenda.  While the Division has lost several high-profile criminal cases in the chicken processing industry and the labor market,...more

Proskauer Rose LLP

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

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In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

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