News & Analysis as of

Antitrust Division Joint Venture

A&O Shearman

Illinois District Court Dismisses Antitrust Case Alleging Monopolization Of Transportation Services For Canadian Crude Oil In...

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On January 13, 2025, the United States District Court for the Northern District of Illinois granted defendant’s motion to dismiss plaintiff’s claim that it monopolized the market for “Canadian crude oil transportation...more

A&O Shearman

New York Federal Court Denies Defendants’ Motions To Dismiss Sports Streaming Antitrust Suit

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Plaintiff, a U.S.-based streaming service that focuses primarily on delivering live sports streaming, filed the lawsuit in February 2024 to challenge a new sports-only streaming joint venture, Venu, established by Disney,...more

Stinson LLP

FTC and DOJ Withdraw More Guidance Leaving the State of Collaborative Projects Less Clear

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On Dec. 11, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice's (DOJ) Antitrust Division announced the withdrawal of their decades-old guidelines regarding collaboration among competitors. The...more

Faegre Drinker Biddle & Reath LLP

Joint Ventures, Industry Groups, Trade Associations and Other Business Collaborations Face Increased Legal Uncertainty as...

On December 11, 2024, the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors...more

Wilson Sonsini Goodrich & Rosati

DOJ and FTC Withdraw Antitrust Guidelines for Competitor Collaborations

For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more

McDermott Will & Emery

States Want in on the Merger Review Fun

While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale. On July 24, 2024, the...more

Holland & Knight LLP

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

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After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more

Akin Gump Strauss Hauer & Feld LLP

Recent FTC Merger Settlement Signals Increased Antitrust Agency Concerns about Coordination from Competitor Entanglements

Key Takeaways - An FTC merger settlement in the $5.2 billion transaction between EQT and Quantum, two producers of natural gas in the Appalachian Basin, signals the antitrust agencies’ new approach to analyzing the potential...more

Vinson & Elkins LLP

Massachusetts Federal Judge Finds That Joint Venture Between American Airlines and JetBlue Serving the Northeast Violates...

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On Friday May 19, 2023, Massachusetts Federal District Judge Leo T. Sorokin found that the partnership between JetBlue and American Airlines (“American”), known as the “Northeast Alliance” or “NEA,” harmed competition in the...more

Ankura

The Department of Justice’s Withdrawal of Three Antitrust Statements and the Impact on Health Care Organizations

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On February 3, 2023, the Department of Justice Antitrust Division (DOJ) announced the withdrawal of three policy statements that have long guided the information exchanges as well as the related enforcement in the healthcare...more

Wilson Sonsini Goodrich & Rosati

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more

Foley Hoag LLP - White Collar Law &...

The DOJ Gets the Green Light in its Latest No-Poach Criminal Prosecution

It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more

Skadden, Arps, Slate, Meagher & Flom LLP

Demystifying China’s Merger Review Process

China’s merger clearance authority plays a critical role in global M&A, even for deals that have few obvious ties to China. Particularly in the technology area, China is often the last hurdle to clear. Moreover, unlike those...more

Husch Blackwell LLP

FTC Increases 2022 Hart-Scott-Rodino Filing Thresholds

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The Federal Trade Commission (FTC) recently announced an increase as part of its annual adjustment to the monetary thresholds that apply to mergers and acquisitions per the Hart-Scott-Rodino Antitrust Improvements Act of...more

BCLP

U.S. Antitrust Agencies Seek To Provide Expedited Responses To Competitor Collaboration Business Evaluation Requests

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Competitors, especially healthcare providers, are actively seeking ways to engage in collaborative efforts to help address the COVID-19 outbreak. Appreciating the challenge, necessity, and time pressures of such competitor...more

King & Spalding

DOJ/FTC Release Competitor Collaboration Guidance in Light of COVID-19

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On March 24, 2020, the Antitrust Division of the U.S. Department of Justice and the U.S. Federal Trade Commission (the Agencies) issued guidance and outlined an expedited review process for companies seeking to work together...more

Goodwin

Competitor Collaborations in the U.S. During COVID-19

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U.S. companies may see opportunities to increase collaborations amongst one another during the current pandemic, but should be aware that they are still subject to the antitrust laws. Fortunately, Tuesday, March 24th, the...more

The Volkov Law Group

Five Key Elements of an Antitrust Compliance Program: Risk Assessments (Part I of III)

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In July 2019, the U.S. Justice of Department’s Antitrust Division ended a long-running controversy surrounding compliance program credit by issuing its Evaluation of Corporate Compliance Programs in Criminal Antitrust...more

Morgan Lewis

Morgan Lewis Automotive & Mobility - Q4 (2019)

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Welcome to the 22nd edition of our newsletter on developments in the automotive industry published by Morgan Lewis’s automotive & mobility team with contributions from lawyers in our offices around the globe. We counsel our...more

Foster Garvey PC

OTA & Travel Distribution Update: German and French antitrust authorities examine effects of pricing algorithms on competition;...

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Algorithms Under EU Scrutiny - (“Algorithms might raise collusion concerns, Franco-German study says,” MLex Insight on Nov 8, 2019) As many of you probably already know, algorithms are the heart and soul of most online...more

Epstein Becker & Green

Seeking Opinions on Potential Conduct from the Antitrust Division of the Department of Justice

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The Antitrust Division of the Department of Justice (“DOJ”) has a process that allows organizations to seek written opinions from the agency on whether proposed conduct will violate the antitrust laws. (The Federal Trade...more

Troutman Pepper Locke

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

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Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

McDermott Will & Emery

Joint FTC / DOJ Guidance: Hurricanes Harvey and Irma

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Businesses and individuals in Texas, Florida, the Southeast, Puerto Rico and the Virgin Islands are preparing for a massive recovery and reconstruction effort in the wake of Hurricanes Harvey and Irma. The Antitrust Division...more

McDermott Will & Emery

THE LATEST: Behavioral Remedy Satisfies European Commission in Rolls-Royce’s €720M Agreement to Purchase the Rest of ITP

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WHAT HAPPENED: ..Rolls-Royce and SENER have a 47 percent/53 percent joint-venture in Industrial de Turbo Propulsores (ITP)–an aircraft engine components manufacturer....more

Perkins Coie

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

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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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