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Antitrust Provisions The Clayton Act Vertical Mergers

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

Patterson Belknap Webb & Tyler LLP

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more

King & Spalding

FTC and DOJ Issue New Merger Guidelines

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On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

Mintz - Antitrust Viewpoints

Unanimous Federal Trade Commission Orders Illumina, Inc. to Divest GRAIL, Inc.

The Federal Trade Commission (“FTC”) announced Monday that it had reversed its in-house Administrative Law Judge’s (“ALJ”) Initial Decision dismissing a complaint brought by FTC staff against Illumina, Inc.’s acquisition of...more

Jenner & Block

Recent US Antitrust M&A Developments - February 2023

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Aggressive merger enforcement continued through the end of 2022, with the agencies having mixed results in the courts. With several high-profile investigations still pending, the expectation is for aggressive enforcement to...more

Cozen O'Connor

Updated Government Guidance on Vertical Mergers

Cozen O'Connor on

For the first time since the 1980s, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), collectively the agencies, issued new Vertical Merger Guidelines (Guidelines) setting forth how they intend to...more

Carlton Fields

The Latest “Hipster Antitrust” Battleground – Vertical Merger Enforcement

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On January 10, 2020, the Department of Justice and the Federal Trade Commission released for comment a draft of their Vertical Merger Guidelines, the first update since 1984....more

K&L Gates LLP

DOJ's Challenge to Vertical AT&T/Time Warner Merger Experiences Failure to Launch

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The District Court for the District of Columbia rejected the request by the U.S. Justice Department’s Antitrust Division (“DOJ”) to enjoin the merger of AT&T’s television distribution business with Time Warner’s video content...more

Epstein Becker & Green

Health Care Industry Vertical Transactions: Expect Intensified Antitrust Reviews Despite Recent Government Setback

While federal officials have stated their intent to persist in questioning vertical relationships that they hypothesize cause downstream economic effects on product flow and prices, a recent loss by the Department of Justice...more

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