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Antitrust Division Biden Administration Mergers

Sheppard Mullin Richter & Hampton LLP

Antitrust Under Biden: Taking a Closer Look at the Numbers

Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look...more

Wilson Sonsini Goodrich & Rosati

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

Wilson Sonsini Goodrich & Rosati

FTC, DOJ, and HHS Announce Joint Initiative to Intensify Scrutiny of Private Equity M&A Activity in Healthcare as Part of Broader...

On March 5, 2024, the Department of Justice’s (DOJ’s) Antitrust Division, the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) jointly issued a Request for Information (RFI) to solicit...more

Sheppard Mullin Richter & Hampton LLP

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...more

Society of Corporate Compliance and Ethics...

Adapting to change: Compliance in the era of heightened antitrust enforcement

Under the Biden administration, antitrust enforcement in the U.S. has risen to a level not seen in at least 40 years. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are now opening more...more

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

White & Case LLP

Major proposed changes to US antitrust rules present new hurdles

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Under the Biden administration, the US antitrust agencies—the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ)—have proposed widespread changes to antitrust policy, creating uncertainty for...more

Fenwick & West LLP

Navigating Healthcare Antitrust in the Biden Era

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It’s no secret that Democrats are traditionally trustbusters, but the Biden Administration is taking things to a whole new level, bringing novel—and arguably weak—cases that nonetheless slow or block tie-ups among healthcare...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews

As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...more

Hogan Lovells

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

Hogan Lovells on

It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

King & Spalding

FTC and DOJ Announce New Draft Merger Guidelines

King & Spalding on

vOn July 19, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), released draft merger guidelines for public...more

Latham & Watkins LLP

The DOJ and FTC Draft Merger Guidelines: Key Takeaways

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The draft guidelines for applying US antitrust laws to merger investigations depart from prior guidance and seek to roll back decades of legal precedent on merger enforcement. Competitive effects analyses are out;...more

Eversheds Sutherland (US) LLP

Greater scrutiny of proposed mergers anticipated under new FTC and DOJ guidelines

Last week the Department of Justice and Federal Trade Commission (Antitrust Agencies) jointly released a draft of their long-awaited revised Merger Guidelines, which reflect the Biden Administration’s ramped up merger...more

McDermott Will & Emery

Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement

McDermott Will & Emery on

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023. The Proposed...more

A&O Shearman

Field of Dreams: FTC and DOJ Seek to Build a New Playing Field for Challenging Mergers

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Proposed FTC and DOJ Merger Guidelines Formalize Biden Administration’s Aggressive Vision for Merger Enforcement – Top Ten Takeaways - When losing, some players seek to change the rules. Others seek to change the playing...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

Goodwin on

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

Bracewell LLP

FTC Proposes Sweeping Changes to US Merger Filing Requirements

Bracewell LLP on

On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more

Holland & Knight LLP

Another One Bites the Dust: DOJ Pulls 3 Policy Statements, Leaving Trade Associations Guessing

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During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more

Womble Bond Dickinson

Private Equity Transactions Face Increased Antitrust Scrutiny

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Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,...more

Wilson Sonsini Goodrich & Rosati

Biden-Signed Omnibus Bill Includes Several Pieces of Legislation Affecting Antitrust

Congress’s year-end omnibus legislation that funds the federal government, which was signed by President Biden on December 29, 2022, included three pieces of legislation—the Merger Filing Fee Modernization Act, the State...more

A&O Shearman

Significant US HSR Filing Fee Changes Under The Merger Filing Fee Modernization Act

A&O Shearman on

On December 29, 2022, President Biden signed into law The Consolidated Appropriations Act of 2023 also known as The Omnibus Funding Bill (the “Bill”). The Bill includes the Merger Filing Fee Modernization Act which provides...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

White & Case LLP

2022 Year in Review: White & Case Global Antitrust Merger StatPak (WAMS)

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Australia, Brazil, Saudi Arabia, and Turkey See Significant Surge in Merger Filing Activity; US and EU Merger Filing Activity is Down Compared to 2021's Record Levels, But Still Above Historical Levels - White & Case...more

Skadden, Arps, Slate, Meagher & Flom LLP

US and EU Regulators Increase Scrutiny of Vertical Mergers

US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more

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