News & Analysis as of

Antitrust Provisions Competition Risk Management

McCarter & English, LLP

Antitrust Implications for Companies Facing Tariffs

If all of the Trump administration’s proposed tariffs take effect, the impact of those tariffs on the US economy and the American people will likely be debated for years to come. Regardless of the outcome of that debate,...more

Hogan Lovells

Staying antitrust compliant: New BAFA guidance on sector initiatives in supply chain due diligence

Hogan Lovells on

Supply chain due diligence has firmly taken root in the global regulatory landscape, setting clear compliance expectations on how companies should identify, assess, and address human rights and environmental risks across...more

A&O Shearman

Uncertain regulatory climate makes deal protections crucial

A&O Shearman on

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

Goodwin

How to Navigate Deal Delays and Completion Uncertainty in an Era of Heighted Deal Complexity and Prolonged Interim Period

Goodwin on

Prolonged or failed M&A transactions can tie up capital, increase transaction costs, and delay returns of exit proceeds. Managing the interim period between signing and closing is increasingly critical in M&A transactions,...more

Perkins Coie

Antitrust Compliance Programs: Worth Their Weight in Gold Under Any Administration

Perkins Coie on

Corporate compliance programs are essential tools for mitigating antitrust risk. With the transition to the Trump administration, organizations should consider developing and empowering their corporate compliance programs...more

Womble Bond Dickinson

Safeguarding CRE Companies: Navigating Risks in Revenue Management Software Agreements

Womble Bond Dickinson on

In the wake of the DOJ’s pending antitrust lawsuits, CRE companies should include several protections in their vendor agreements that involve the use of revenue management software. This article provides tips to mitigate...more

Epiq

Webinar Takeaways: Managing Antitrust Risk When Using Artificial Intelligence — a US Perspective

Epiq on

Artificial Intelligence (AI) can help corporations create operational efficiencies, enhance customer experiences, optimize business strategies, significantly reduce costs, and increase profitability. However, using AI tools...more

ArentFox Schiff

DOJ Statement of Interest Offers Reminder for Trade Associations

ArentFox Schiff on

The US Department of Justice (DOJ) recently issued a Statement of Interest that underscores the need for careful evaluation of every survey and other information exchange managed by trade associations for the unique risks to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms

The already complex business calculus that goes into a merger has become even more complicated in the past several years because of stepped-up government scrutiny. Major transactions have been blocked or abandoned in the face...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

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Corporate Trends

Global M&A Activity Endures Headwinds in 2023 and Displays Resilience Going Into 2024 - Despite market headwinds, dealmakers have looked to carveouts, spin-offs, joint ventures and other creative deal structures to engage...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Society of Corporate Compliance and Ethics...

[Webinar] Antitrust Compliance 2.0: Tackling the Toughest Parts of the DOJ Compliance Program Guidance - March 18th, 12:00 pm -...

Learning Objectives: - Examine in detail the latest U.S. Department of Justice Antitrust Division compliance guidance - Understand the DOJ’s expectations with respect to risk assessments, auditing and monitoring,...more

WilmerHale

COVID-19: Criminal Antitrust Risks Arising from the Crisis

WilmerHale on

In this rapidly changing environment of the COVID-19 crisis, the need to understand how your industry is tackling business disruptions and the ensuing economic impact is more critical than ever. This Alert provides...more

Hogan Lovells

In the world of COVID-19, companies must not quarantine competition law compliance

Hogan Lovells on

Competition law will not be at the top of companies' agendas today. COVID-19 presents companies with many challenges. Companies will be looking for whatever solutions they can find to deal with this crisis. ...more

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