News & Analysis as of

Consent Decrees Antitrust Division

Axinn, Veltrop & Harkrider LLP

Antitrust Enforcement in Energy M&A in the Trump Era — 4 Issues to Watch

As CERAWeek begins in Houston, dealmakers in the energy sector will surely be asking how the second Trump Administration antitrust enforcers will treat energy deals. As a prelude, no industry has a longer history with...more

Robinson+Cole Data Privacy + Security Insider

RealPage Antitrust Consent Decree Proposed

In August 2024, the Department of Justice (DOJ) and eight states filed a civil antitrust lawsuit against RealPage Inc., alleging that its software was used to unlawfully decrease competition among landlords and maximize...more

A&O Shearman

SDNY Judge Refuses To Transfer DOJ Case Against Concert Promoter, Finding Attempt To Unwind A Merger Cleared By Consent Decree...

A&O Shearman on

On October 3, 2024, United States District Judge Arun Subramanian refused to transfer the DOJ’s monopolization case against two companies in the live entertainment industry (“Defendants”) from the Southern District of New...more

Goodwin

US Antitrust Regulators Continue to Crack Down on Interlocking Directorates, and the FTC Expands Scope of Clayton Act to...

Goodwin on

On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more

WilmerHale

Fix-It-First: Navigating a Seismic Shift in US Antitrust Agency Approaches to Merger Remedies

WilmerHale on

Senior officials at the US Department of Justice Antitrust Division (DOJ) and the US Federal Trade Commission (FTC) have made clear that they will not entertain or will sharply limit resolutions of merger investigations...more

Morrison & Foerster LLP

Sights and Sounds from the Antitrust Section’s 2023 Spring Meeting

Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more

Fox Rothschild LLP

DOJ Keeps The Music Playing For ASCAP And BMI

Fox Rothschild LLP on

On January 15th, the Department of Justice announced it has ended its two-year review of the 80-year old consent decrees that govern the operation of the largest music performing rights organizations in the United States:...more

Cooley LLP

Alert: DOJ Issues Merger Remedies Manual, Aims to Step Up Enforcement of Consent Decrees

Cooley LLP on

The US Department of Justice Antitrust Division issued a new Merger Remedies Manual on September 3 clarifying the analytical framework the Trump administration’s DOJ is using to evaluate remedies that may address competitive...more

Proskauer Rose LLP

New DOJ Merger Remedies Manual Cites Strong Preference for Structural Remedies - New Openness to Private Equity Buyers

Proskauer Rose LLP on

The United States Department of Justice released its revised Merger Remedies Manual on September 3, 2020, providing “Antitrust Division attorneys and economists with a framework for fashioning and implementing appropriate...more

Morrison & Foerster LLP

Revisions To DOJ Merger Remedy Manual

The Department of Justice Antitrust Division recently issued a modernized Merger Remedies Manual, last updated in 2011. The Manual provides an overview of DOJ’s key considerations in crafting a remedy when the Antitrust...more

Faegre Drinker Biddle & Reath LLP

DOJ Antitrust Division Issues New Manual on Merger Guidelines

On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division (the Division) published the Merger Remedies Manual (the Manual), issuing new guidelines for remedying anticompetitive mergers. Specifically, the...more

Fox Rothschild LLP

DOJ Announces Move To Terminate Paramount Consent Decrees, Let Studios Back Into Exhibition

Fox Rothschild LLP on

In a move that could upend the US theatrical exhibition landscape, the Antitrust Division of the Department of Justice has announced that it will seek court approval to terminate the Paramount Consent Decrees. The...more

Proskauer - New Media & Technology

DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition – A New Opportunity in Theatrical...

For the film and media distribution industries, this year has been action-packed. Production budgets are skyrocketing and new digital services have been announced or are launching with each passing month. The streaming wars...more

Patterson Belknap Webb & Tyler LLP

Update: DOJ Announces It Will Move to Lower the Curtain on 70-Year-Old Paramount Consent Decrees

Last October, we discussed the Department of Justice’s announcement that it would be revisiting the 1948 Paramount Consent Decrees, a series of movie-studio concessions and divestments resulting from a landmark antitrust...more

Patterson Belknap Webb & Tyler LLP

As DOJ Reconsiders Watershed Consent Decrees, Claims of Unlawful “Circuit Dealing” Proceed Against Landmark Theaters

Hollywood and the antitrust laws go way back. Indeed, antitrust suits have resulted not only some of the most significant cases in the evolution of American antitrust law, but many of the most consequential developments in...more

Perkins Coie

DOJ Seeks Public Comments on Paramount Decrees, Creates Critical Moment for Movie Industry

Perkins Coie on

The Antitrust Division of the U.S. Department of Justice (DOJ) last week announced that it was seeking public comments on the continued viability of the Paramount Consent Decrees, which have regulated how motion pictures are...more

McDermott Will & Emery

Aerospace & Defense Series: Behavioral Remedies Remain a Viable Solution for Vertical Mergers in the Defense Industry

McDermott Will & Emery on

The recent FTC decision in the Northrop Grumman / Orbital ATK matter has shed light on the agency’s vertical merger enforcement policy and outlined a path to antitrust merger clearance for the Aerospace and Defense industry....more

McDermott Will & Emery

THE LATEST: DOJ Continues Its Intense Focus on Decree Compliance

McDermott Will & Emery on

WHAT HAPPENED - In March, we discussed the US Department of Justice (DOJ) Antitrust Division’s move to update its standard consent decree language to enhance decree enforceability. Among other things, the changes: ...more

Faegre Drinker Biddle & Reath LLP

The End of Perpetual Consent Decrees: DOJ Announces New Antitrust Initiative

On April 25, 2018, the Department of Justice announced a new initiative to terminate over 1,000 open antitrust consent decrees. Modern antitrust consent decrees typically have a “sunset” provision in which an open judgment...more

A&O Shearman

The DOJ’s Evolving Approach to Consent Decrees

A&O Shearman on

While structural remedies remain the primary remedy of choice, and virtually the only option in the case of horizontal mergers, under the Obama Administration and with respect to vertical mergers, the agencies increasingly...more

McDermott Will & Emery

DOJ Consent Decree Changes Reduce Room for Error

McDermott Will & Emery on

WHAT HAPPENED - The Department of Justice Antitrust Division (DOJ) implemented new provisions in merger consent decrees that: ..Make it easier for DOJ to prove violations of a consent decree and hold parties in...more

Faegre Drinker Biddle & Reath LLP

M&A Enforcement in the Age of Trump: Divestment and Enhanced Consent Decree Enforcement

Last month, leaders of the DOJ Antitrust Division announced key points of emphasis in curtailing anti-competitive mergers and acquisitions. President Trump’s recently appointed Antitrust Division chief, Makan Delrahim, said...more

Mintz - Employment Viewpoints

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more

Jones Day

DOJ Toughens Antitrust Consent Decree Enforcement

Jones Day on

The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

Jones Day

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

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