News & Analysis as of

Antitrust Provisions Mergers Gun-Jumping

Proskauer Rose LLP

FTC Focus: Avoiding 'Gun Jumping' Violations

Proskauer Rose LLP on

This article is part of a monthly column that considers the significance of recent Federal Trade Commission announcements about antitrust issues. In this installment, we discuss notable takeaways from the agency's recent...more

Axinn, Veltrop & Harkrider LLP

The Fate of the “Last Gasp” of the Biden FTC: Will Its Legacy Survive the Trump Administration?

In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more

Husch Blackwell LLP

M&A Antitrust Update: 2025 Brings New HSR Thresholds, a Challenge to the HSR Rules, and a Gun-Jumping Violation

Husch Blackwell LLP on

The initial days of 2025 ushered in a trifecta of significant antitrust updates for dealmakers. First, the Federal Trade Commission (FTC) recently announced its annual adjustment to the monetary thresholds that apply to...more

WilmerHale

FTC Reminds Merging Parties: Don’t Jump the Gun During the HSR Waiting Period!

WilmerHale on

Three crude oil producers have agreed to pay civil penalties totaling $5.7 million to settle allegations that they engaged in “gun jumping,” namely, allowing the acquirer to exercise control over the target’s business conduct...more

BCLP

FTC Secures Record-Breaking Gun-Jumping Fine, Opines on Buyer’s Right to Approve Transactions and Lack of Diligence Controls

BCLP on

The Federal Trade Commission (“FTC”) sent a firm message—unlawful coordination of merging businesses prior to the closing under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act will be aggressively enforced. On...more

Vedder Price

FTC Secures Record Gun-Jumping Penalty in a Case with Several Lessons for Merging Parties

Vedder Price on

The Federal Trade Commission (FTC) secured a record consent penalty of $5.6 million against two merging parties on January 7, 2025 for improper pre-merger coordination, marking the agency’s first gun-jumping action in over a...more

McCarter & English, LLP

FTC Imposes Record $5.6M ‘Gun Jumping’ Fine

Crude oil producers XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy LLC (EP) have agreed to pay a $5.6 million civil penalty to settle violations under Section 7A of the Clayton Act, as...more

Bracewell LLP

FTC Imposes Record Fine on Oil Companies for Illegal Pre-Merger Conduct

Bracewell LLP on

On January, 7, 2025, the Federal Trade Commission (FTC) announced that crude oil producers XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun) and EP Energy LLC (EP) collectively will pay a $5.68 million...more

Snell & Wilmer

FTC Imposes Rarely Seen “Gun-Jumping” Penalty to the Tune of $5.6 Million

Snell & Wilmer on

The Federal Trade Commission (FTC) rang in the new year this week by announcing that three crude oil producers had agreed to pay a $5.6 million fine to settle claims that they engaged in unlawful “gun-jumping” by prematurely...more

Barnea Jaffa Lande & Co.

Israel Competition Commissioner imposes an unprecedented pecuniary sanction for merger "gun-jumping"

Barnea Jaffa Lande & Co. on

The Director-General of the Israel Competition Authority recently imposed a pecuniary sanction of an unprecedented amount, approximately ILS 111 million, on Strauss and Wyler Farm. This was due to what the Director-General...more

TransPerfect Legal

Overcoming Challenges in Merger Clearance: Case Studies and Solutions

TransPerfect Legal on

During the fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME), leading antitrust practitioners Franco Castelli, Counsel, Antitrust from Wachtell, Lipton, Rosen & Katz; Jeane Thomas, Partner at Crowell &...more

Cooley LLP

DOJ Hits Venue Services Group With $3.5 Million HSR Gun-Jumping Penalty

Cooley LLP on

The US Department of Justice (DOJ) filed a complaint and proposed consent decree alleging that Legends Hospitality Parent Holdings prematurely acquired beneficial ownership – often referred to as “gun jumping” – in connection...more

BCLP

Faster, Stronger, and Simpler? Australia’s New Merger Control Regime

BCLP on

On 10 April 2024, Australia’s Federal Government announced far-reaching reforms to its merger control regime, most notably the introduction of a new single, mandatory and suspensory, merger control system. The reform package...more

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

BCLP on

2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

A&O Shearman

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

A&O Shearman on

The European Court of Justice (ECJ) has (mostly) confirmed the European Commission (EC)’s decision to fine Altice for implementing a transaction prior to its notification and the EC’s merger control clearance....more

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

White & Case LLP on

Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

A&O Shearman

General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

A&O Shearman on

On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Deal Uncertainty Increases as Merger Control Authorities Gain Discretionary Powers of Review

Takeaways - More than 50 countries now have the discretion to conduct competition reviews of mergers below mandatory notification thresholds, and the European Commission, EU member states, the U.K. and others are using...more

Wilson Sonsini Goodrich & Rosati

Threading the Needle—Avoiding Antitrust Violations During the M&A Pre-Closing Period

Merging parties need to share information and cooperate while negotiating a merger, conducting due diligence, and navigating integration processes. These needs, however, often dovetail with antitrust laws—specifically, the...more

Jones Day

FTC Warns Parties on Information Exchanges During M&A Due Diligence

Jones Day on

The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger...more

White and Williams LLP

FTC Issues Updated Guidance for Avoiding Antitrust Liability for “Gun Jumping” During M&A Negotiation and Due Diligence

White and Williams LLP on

On March 20, 2018, the U.S. Federal Trade Commission (FTC) issued updated guidance regarding compliance with antitrust laws for companies considering acquisitions, mergers, or joint ventures. While the FTC recognizes that...more

A&O Shearman

FTC Warning: Don’t Overshare in Pending Deals

A&O Shearman on

The Federal Trade Commission (FTC) has recently re-emphasized the potential risks of antitrust violations stemming from the exchange of competitively sensitive information during pre-merger negotiations and due diligence....more

Epstein Becker & Green

How to Avoid “Gun Jumping” in Corporate Transactions

Epstein Becker & Green on

Until closing, parties to a merger, acquisition, or similar transaction must remain independent competitors. Failure to do so is known as “gun jumping” and can be a simultaneous violation of the Hart-Scott-Rodino Antitrust...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers

Skadden’s Antitrust and Competition Group and the economics firm Charles River Associates recently hosted the eighth annual “Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers” seminar in...more

McDermott Will & Emery

Flurry of Antitrust Merger Enforcement Actions as Obama Presidency Comes to a Close

The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced several antitrust enforcement actions in advance of the inauguration of President Trump, including settlements for...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide