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Antitrust Division Regulatory Requirements

King & Spalding

Executive Order Continues Focuses on Anticompetitive Regulations

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On April 9, 2025, President Trump issued an executive order, titled “Reducing Anti-Competitive Regulatory Barriers” (the EO), directing federal agencies to identify and rescind or modify anticompetitive regulations. The EO...more

Stevens & Lee

DOJ Launches Task Force to Identify and Eliminate Anticompetitive Laws and Regulations

Stevens & Lee on

On March 27, the U.S. Department of Justice (DOJ) announced that it was launching an Anticompetitive Regulations Task Force, whose stated purpose is to advocate for the elimination of anticompetitive state and federal laws...more

Wiley Rein LLP

New DOJ Task Force Seeks Input on State and Federal Laws that Impede Competition and Innovation

Wiley Rein LLP on

On March 27, 2025, the U.S. Department of Justice’s (DOJ) Antitrust Division announced the formation of a Task Force on anticompetitive regulations “to advocate for the elimination of anticompetitive state and federal laws...more

A&O Shearman

Regional snapshots for antitrust enforcement fines in 2024

A&O Shearman on

A visual breakdown of the geographical trends in antitrust enforcement fines around the world. Europe - At the country level, antitrust enforcement fines in Europe were USD2.3 billion, a significant increase from 2023. ...more

DLA Piper

FTC signals continuation of rigorous approach to merger enforcement

DLA Piper on

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

McDermott Will & Emery

SB 1998 Would Add Consent Requirement for PE, Hedge Fund Healthcare Transactions in Illinois

On February 6, 2025, the Illinois state legislature introduced Senate Bill (SB) 1998, aiming to implement an additional layer of scrutiny to covered transactions that are financed by private equity groups or hedge funds. The...more

A&O Shearman

Uncertain regulatory climate makes deal protections crucial

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Regulatory intervention levels are rising. The concerns of antitrust authorities and foreign investment (FDI) regulators are evolving and can be unpredictable. Allocation of merger control execution risk in deal documents...more

Epstein Becker & Green

New HSR Premerger Notification Requirements Take Effect

Epstein Becker & Green on

The new Hart-Scott-Rodino (HSR) Premerger Notification and Report Form (the “Form”) went into effect on February 10, 2025....more

Axinn, Veltrop & Harkrider LLP

HSR Overhaul Goes Into Effect

In a significant milestone for antitrust merger practice and after considerable uncertainty, new HSR rules came into effect today, February 10, 2025. Companies engaged in M&A now face higher burdens in preparing filings,...more

Paul Hastings LLP

FTC Announces Increased HSR Thresholds and Filing Fees for 2025

Paul Hastings LLP on

As expected, the mandatory notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act), will be increasing. The Size of Transaction threshold will jump from $119.5 million,...more

Morrison & Foerster LLP

M&A in 2024 and Trends for 2025

Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more

Sheppard Mullin Richter & Hampton LLP

Key Takeaways from the DOJ Antitrust Division’s Updated Compliance Guidance: It’s Not Just Criminal Anymore

The Department of Justice’s Antitrust Division (“Antitrust Division”) recently updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations guidance document (“Antitrust Compliance Guidance”)....more

Bass, Berry & Sims PLC

New HSR Form Brings Significant Impact for Deals: A Deep Dive into What Has Changed

Bass, Berry & Sims PLC on

On October 10, the Federal Trade Commission (FTC) and Department of Justice (DOJ) (the Antitrust Agencies) finalized and released significant updates to the Hart-Scott-Rodino (HSR) premerger notification form. The updates are...more

A&O Shearman

FTC and DOJ Finalize New HSR Rules (Updated November 12, 2024)

A&O Shearman on

Democratic Commissioners Swung for the Fences, but FTC Settles for Unanimous Revisions, Still Increasing Burden on Filers - On October 10, 2024, all five Federal Trade Commission (“FTC”) Commissioners, with concurrence...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q3 2024

McDermott Will & Emery on

The US antitrust regulators continued to aggressively challenge transactions and associated Hart-Scott-Rodino (HSR) violations during the third quarter of 2024. The Federal Trade Commission (FTC) litigated two merger...more

A&O Shearman

Antitrust in focus - September 2024

A&O Shearman on

This newsletter is a summary of the antitrust developments we think are most interesting to your business. James Webber (partner based in London) and Jess Bowring (counsel based in London) are our editors this month. They...more

A&O Shearman

EU Foreign Subsidy Regulation: General Court refuses to suspend EC request for mailboxes located in China

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In the context of a dawn raid under the EU Foreign Subsidy Regulation (FSR), the EU General Court (GC) has refused to suspend the European Commission (EC)’s request to access employees’ mailboxes located in China....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2024

Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more

Bradley Arant Boult Cummings LLP

Justice Department Imposes $3.5 Million Civil Penalty, Strict Conditions Over Gun-Jumping Allegations

Earlier this month, the Department of Justice (DOJ) Antitrust Division filed a consent decree fining venue management firm Legends Hospitality $3.5 million over allegations that Legends improperly coordinated with an...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

A&O Shearman

U.S. DOJ seeks rare $3.5 million “gun jumping” penalty against Legends Hospitality for pre-closing conduct in connection with its...

A&O Shearman on

On August 5, 2024, the United States Department of Justice (“DOJ”) filed a rare[1] gun jumping[2] civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against Legends...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate Trends and Financing - March 2024

Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms With antitrust and other regulators scrutinizing mergers more closely, it is crucial for companies to negotiate terms to mitigate and...more

Fenwick & West LLP

Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Fenwick & West LLP on

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”...more

A&O Shearman

EU Foreign Subsidies Regulation increases M&A risk

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The EU Foreign Subsidies Regulation (FSR) took effect in July 2023. It aims to regulate subsidies granted by non-EU countries to ensure that they do not distort competition in the EU internal market. For dealmakers, it is...more

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