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Antitrust Provisions Investment Funds

A&O Shearman

EU Foreign Subsidies Regulation rains down new challenges for M&A

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The transaction notification regime under the EU Foreign Subsidies Regulation (FSR) is now over a year old. To date, intervention levels are low. But assessing whether a filing is required, and gathering the extensive...more

Morrison & Foerster LLP

2025 ESG + Sustainability Predictions

In 2024, challenges to environmental, social, and governance (ESG) and sustainability initiatives in the United States proliferated internationally. This proved true, even as Europe promoted additional ESG and climate/social...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - May 2024

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Second Circuit Affirms “Pay for Delay” Dismissal:  On May 13, 2024, the Second Circuit affirmed dismissal of antitrust claims brought by wholesalers, retailers, and employee benefit funds that alleged they overpaid for the...more

K&L Gates LLP

Brussels Regulatory Brief: March 2024

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Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8...more

Axinn, Veltrop & Harkrider LLP

PE Firms on FTC and DOJ's Naughty List?

The FTC and DOJ have continued their efforts to take action against private equity firms for engaging in serial acquisitions (so-called "roll-ups"). The agencies claim that these deals increase prices and degrade quality for...more

K&L Gates LLP

Brussels Regulatory Brief: August-September 2023

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ANTITRUST AND COMPETITION - The European Commission’s Merger Simplification Package Enters Into Force - On 20 April 2023, the European Commission (Commission) adopted a new legislative package that entered into force on 1...more

Cadwalader, Wickersham & Taft LLP

Republican AGs Target 53 Large Asset Managers' ESG Practices

On March 30, 2023, 21 Republican Attorneys General (AGs) wrote a letter addressed to over 50 U.S. asset managers citing “concerns about the ongoing agreements between asset managers to use Americans’ savings to push political...more

Latham & Watkins LLP

6 Sustainability Takeaways in EU Antitrust & Regulatory - December 2022

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Latham lawyers highlight key takeaways and developments in the sustainability space from the second half of the year. ...more

WilmerHale

Antitrust and Competition: Investment Firms Voting Rights - The Devil is in the Potential Antitrust Liability

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On January 27, 2021, the Court of Justice of the European Union (“CJEU”) issued an important ruling regarding an investment fund’s liability for the cartel behaviour of an affiliate. The CJEU confirmed that an investment fund...more

TransPerfect Legal

The Effects of the 2020 Election on Antitrust Merger Clearance

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On October 20, 2020, TransPerfect Legal Solutions (TLS) hosted an inaugural conference on recent developments in antitrust clearance and merger enforcement proceedings. This article is the first of a three-part series...more

Sheppard Mullin Richter & Hampton LLP

Tell Me More – Antitrust Agencies to Demand More Information from Investment Funds

The Federal Trade Commission (“FTC”) recently issued a notice of proposed rulemaking to amend the premerger notification rules (the “Rules”) that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR...more

Hogan Lovells

FTC rocks the HSR boat: Proposed rules will increase HSR filings for investment funds and others

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On 21 September 2020, the Federal Trade Commission (FTC) announced for comment sweeping changes to the Hart-Scott-Rodino (HSR) Act rules. First, the FTC proposed changing the definition of "person" to include HSR associates....more

K&L Gates LLP

Proposed Amendments to Hart-Scott-Rodino Act Regulations May Affect Domestic Managers of Foreign Investment Funds

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The Federal Trade Commission (FTC) has proposed amending its regulations used to determine whether a person is designated as a domestic or foreign entity under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) to...more

Cadwalader, Wickersham & Taft LLP

Further Guidance on the HSR Act Investment-Only Exemption for Seemingly “Passive” Investors Engaging with Management

Investors considering engaging with management should take note of a recent informal interpretation received from the FTC’s Premerger Notification Office (PNO) advising that certain seemingly “passive” behavior is...more

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