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Antitrust Litigation Antitrust Provisions Acquisitions

A&O Shearman

The Trump era DOJ and FTC: a return to merger remedies

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This new stance, however, does not signal unchecked dealmaking for transacting parties. The Federal Trade Commission (FTC) and Department of Justice (DOJ) are simultaneously emphasizing that robust, evidence-based enforcement...more

Brownstein Hyatt Farber Schreck

California Regulators Contemplate Potential State-Level Action on Antitrust

At an upcoming June 26 meeting, The California Law Revision Commission (CLRC) will discuss proposed draft language to introduce state-level merger control provisions into California antitrust law via amendments to the...more

Mayer Brown

Seeing Around Corners: Where Disruption and Antitrust Meet

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“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment,...more

Goodwin

Antitrust and Competition Technology Update Q1 2025

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The first quarter of 2025 brought a surge of high-profile merger activity in the technology and artificial intelligence (AI) space, offering an early test of how antitrust regulators under the new Trump administration will...more

Baker Botts L.L.P.

Antitrust Scrutiny of Investors Under a New Administration

Baker Botts L.L.P. on

Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different...more

Patterson Belknap Webb & Tyler LLP

Update: FTC Drops In-House Challenge of Microsoft’s Activision Acquisition After Ninth Circuit Affirms Denial of Preliminary...

After years of litigating its attempt to block Microsoft’s $68.7 billion acquisition of Activision, the Federal Trade Commission (“FTC”) recently dropped its in-house challenge following the Ninth Circuit’s decision affirming...more

McDermott Will & Emery

The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers

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The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) each recently announced that they would accept structural remedies to address concerns that two transactions in the technology industry would reduce...more

Latham & Watkins LLP

The LathamTECH Podcast — Getting Deals Done: Tackling Antitrust Challenges in Tech M&A

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As 2025 began, the tech industry anticipated that regulators in the US, EU, and beyond may adopt a more business-friendly approach to antitrust, potentially easing the scrutiny on M&A activities. Opportunities certainly exist...more

WilmerHale

Meet the New Boss, Not So Different From the Old Boss? Antitrust in the Trump Era

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After President Trump’s election for a second term, those predicting where federal antitrust enforcement was headed had to contend with internal tensions in the Trump coalition that extend to economic policy more broadly:...more

Vinson & Elkins LLP

California’s 2025 Abuse of Dominance Proposal: Redefining State-Level Antitrust Enforcement In The Fourth-Largest Economy on Earth

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For decades, California enforcers and politicians have argued for state-level antitrust enforcement activity at a level commensurate with California’s $4.1 trillion economy, the largest state economy in the United States....more

Hogan Lovells

Conservative in name only? FTC Commissioner Mark Meador’s theory of antitrust enforcement bears little resemblance to traditional...

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As newly-appointed Republican leaders explain the antitrust enforcement priorities of the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ), one thing is clear: the Trump administration is...more

Goodwin

Antitrust Life Sciences Quarterly Update 2025 Q1

Goodwin on

While M&A activity slowed in the first quarter of 2025, including in life sciences, there have been plenty of noteworthy developments in the antitrust space in the first 100 days of the Trump administration....more

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q1 2025

Goodwin on

While M&A activity has slowed in the tail end of the first quarter of 2025, including in healthcare, there have been several noteworthy developments in the antitrust space in the first 100 days of the Trump Administration. ...more

A&O Shearman

Ninth Circuit Rules In Favor Of Merging Parties In Microsoft/Activision Appeal

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On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...more

Hogan Lovells

DOJ Antitrust Chief outlines “America First Antitrust” philosophy

Hogan Lovells on

In a speech at Notre Dame Law School on April 28, 2025, Gail Slater, Assistant Attorney General (AAG) for the Department of Justice (DOJ) Antitrust Division, provided a detailed summary of her approach to antitrust...more

Hogan Lovells

Trump 2.0 antitrust agenda takes shape in administration’s first 100 days: What we’re seeing and what to expect

Hogan Lovells on

As the first 100 days of President Trump’s second term draw to a close, the new administration’s antitrust enforcement agenda is coming into focus. In recent statements, Federal Trade Commission (FTC) Chair Andrew Ferguson...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Has Competition in the U.S. Been Declining?

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Ballard Spahr LLP

Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation – Mergers, Acquisitions,...

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This episode is part of our “Bridging Campuses: Legal Insights on Education Industry Consolidation” series, where we discuss trends in consolidation and closures in higher education, and outline common characteristics of...more

A&O Shearman

New York State Court Finds Violation Of Donnelly Act Stemming From Ski Area Acquisition

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On February 26, 2025, the Supreme Court of the State of New York, County of Onondaga, rendered a decision involving an alleged anticompetitive acquisition under New York’s Donnelly Act. This decision demonstrates the...more

Axinn, Veltrop & Harkrider LLP

A Vertical Merger in a “Horizontal” Market: Court Rejects FTC’s Challenge to Tempur Sealy’s Acquisition of Mattress Firm

On January 31, 2025, the U.S. District Court for the Southern District of Texas denied the Federal Trade Commission’s request for a preliminary injunction to block Tempur Sealy’s (the world’s largest mattress manufacturer)...more

A&O Shearman

Eastern District Of Virginia Overrules Objections To Proposed Divestiture Of Doorskin Manufacturing Plant

A&O Shearman on

On December 13, 2024, Judge Robert E. Payne of the Eastern District of Virginia, in a long-running private action that had previously found a consummated merger to be unlawful, overruled defendant’s objections to the required...more

Fenwick & West LLP

The Start of the Deal? What Antitrust Enforcement and M&A Will Look Like Under Trump’s Second Presidency

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When President Biden appointed Lina Khan to lead the Federal Trade Commission, and Jonathan Kanter to lead the Antitrust Division of the Department of Justice, he staked out an energetic new approach to antitrust enforcement...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

Vinson & Elkins LLP on

The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

A&O Shearman

Antitrust in focus - November 2024

A&O Shearman on

New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

Holland & Knight LLP

FTC Bags Preliminary Injunction in Challenge to "Affordable Luxury" Handbag Merger

Holland & Knight LLP on

The Federal Trade Commission (FTC) prevailed in the first round of its much-criticized challenge to Tapestry Inc.'s acquisition of Capri Holdings Limited. Tapestry owns the Coach brand, and Capri owns the Michael Kors and...more

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