News & Analysis as of

Divestiture

Mogin Law LLP

FTC Shows Utility of Antitrust Actions for Smaller Companies in Niche Markets

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The Federal Trade Commission’s May 1, 2026 consent order involving “micromarket kiosk” companies illustrates how the agency is applying modern merger enforcement principles beyond the big technology platforms that typically...more

Wilson Sonsini Goodrich & Rosati

State Coalition Claims Victory in Live Nation Monopolization Trial

On April 15, 2026, a federal jury found Live Nation liable for monopolization. The case was initially filed by the U.S. Department of Justice (DOJ) and joined by 40 attorneys general (AGs) from the states and the District of...more

Troutman Pepper Locke

How to Handle NQDC Plan Benefits in a Divestiture

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When companies sell part of their business, nonqualified deferred compensation (NQDC) plans present business choices shaped by unique legal considerations. In particular, Section 409A of the Internal Revenue Code (IRC),...more

Thompson Coburn LLP

Concert Ticket Pricing: Live Nation Settles with DOJ, Goes to Trial Against States

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Live Nation Entertainment, Inc. (“Live Nation”), which acquired Ticketmaster in 2010, recently reached a surprise mid-trial settlement with the U.S. Department of Justice (“DOJ”) in a high-profile antitrust case in the...more

Holland & Knight LLP

Senate-Passed Housing Bill Returns to House for Further Consideration

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The U.S. Senate on March 12, 2026, passed its version of the 21st Century ROAD to Housing Act (H.R. 6644) by a vote of 89-10. The bill now returns to the U.S. House of Representatives for further consideration....more

Kelley Drye & Warren LLP

States Break from DOJ, Pushing for Broader Relief in Live Nation-Ticketmaster Litigation

This week, the Department of Justice announced a tentative settlement in its long-running antitrust lawsuit against Live Nation. The deal—revealed one week into trial—addresses the company’s allegedly monopolistic conduct and...more

McDermott Will & Schulte

Global M&A trends: 3 notable Q4 2025 cases out of the US and UK

Merger control authorities remained active in Q4 2025, reviewing transactions across the healthcare, manufacturing, and consumer goods sectors. In the United States, courts and regulators issued rulings in cases involving...more

Skadden, Arps, Slate, Meagher & Flom LLP

Liability Divestiture Transactions: A Win-Win for Financial Buyers and Mass Tort Defendants

Several industrial companies have recently implemented transactions to permanently divest legacy contingent liabilities. In these transactions, the divesting company transfers ownership of an entity holding specified legacy...more

Hogan Lovells

U.S. forces divestment by Chinese-owned chip manufacturer of assets of U.S. chip company following CFIUS review of non-notified...

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On January 2, 2026, President Trump issued an executive order (the “Order”) under Section 721 of the Defense Production Act of 1950 (50 U.S.C. § 4565) forcing divestiture by HieFo Corporation (“HieFo”), a California-based...more

A&O Shearman

A more flexible approach? CMA issues revised merger remedies guidance

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At the end of what was a transformational year for UK merger control policy, the UK Competition and Markets Authority (CMA) published revised guidance on its approach to merger remedies (Revised Guidance). The upshot: the CMA...more

ArentFox Schiff

CFIUS Strikes Again: President Trump Orders Divestment of HieFo–EMCORE Deal

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On January 2, President Trump issued an Executive Order (EO) under Section 721 of the Defense Production Act of 1950 requiring HieFo Corporation to divest the digital chips business of EMCORE Corporation, which it acquired in...more

Mayer Brown

President Trump Orders HieFo Corporation to Divest EMCORE Corporation Chip and Wafer Fabrication Assets

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On January 2, 2026, President Donald Trump issued an Order (the “Order”) requiring HieFo Corporation (“HieFo”), a Delaware entity co-founded by Dr. Genzao Zhang and Harry Moore, to unwind its 2024 acquisition of certain...more

BCLP

Merger Control And Competition Law: November 2025 Updates

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The French Competition Authority (“FCA”) has just published two particularly interesting decisions...more

Mogin Law LLP

Antitrust Concerns Allayed, FTC OKs $1.57B Retail Fuel Deal

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The Federal Trade Commission has finalized a consent order resolving antitrust concerns raised by Alimentation Couche-Tard Inc.’s (ACT) $1.57 billion acquisition of 270 retail fuel outlets from Giant Eagle, Inc., which...more

Wilson Sonsini Goodrich & Rosati

Trump Administration FTC’s First Merger Challenge Fails as Court Accepts Parties’ “Fix”

Following a victory in court, leading private equity firm GTCR has announced it intends to promptly close its acquisition of medical device coating manufacturer Surmodics, putting an end to an unsuccessful challenge from the...more

Alston & Bird

No Sugar-Coating It: Fix Nixes FTC Challenge to Medical Device Coatings Merger

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Our Antitrust Team examines a recent federal district court decision rejecting a challenge by the Federal Trade Commission (FTC) to a merger of medical device coatings suppliers....more

A&O Shearman

Northern District Of Illinois Denies FTC’s Request To Block GTCR Acquisition Of Surmodics

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On November 10, 2025, U.S. District Judge Jeffrey Cummings of the Northern District of Illinois (“N.D. Ill.”) issued an oral decision declining to block GTCR BC LLC’s (“GTCR”) proposed $627 million acquisition of Surmodics,...more

Baker Botts L.L.P.

GTCR/Surmodics Win on Divestiture, Share Analysis and Captive Capacity

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The government lost the first merger challenge brought by the FTC under the second Trump administration. On November 10, 2025, Judge Jeffrey Cummings of the Northern District of Illinois denied a request for a preliminary...more

Proskauer Rose LLP

FTC Focus: M&A Approvals A Year After Trump's Election

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This article is part of a monthly column that considers the significance of recent Federal Trade Commission announcements about antitrust issues. This installment checks in on the Trump FTC's progress on merger enforcement on...more

Axinn, Veltrop & Harkrider LLP

Shifting Trends in Healthcare Antitrust Enforcement: Navigating the Evolving Landscape

The healthcare industry has long been under the microscope of antitrust regulators, with a focus on preserving cost-effectiveness, improving access, and ensuring high-quality care. The Trump administration is putting on its...more

Hogan Lovells

Recent CFIUS developments: the CY2024 Annual Report to Congress and the Presidential Order requiring Suirui International...

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The Committee on Foreign Investment in the United States has released its Annual Report to Congress, noting a continued reduction in filings in 2024, a significant decrease in the use of mitigation measures, and increased use...more

McDermott Will & Schulte

[Webinar] Provider-Sponsored Health Plans: Strategy Playbook for Health Systems - September 18th, 1:00 pm - 2:00 pm EDT

Market pressures, regulatory changes, and capital requirements are driving health systems to reassess the role of provider-sponsored health plans (PSHPs) in their broader enterprise strategies. In many cases, these...more

Hughes Hubbard & Reed LLP

Court Issues Remedies Ruling in United States v. Google Search Case

A significant milestone was reached this week in the Justice Department’s antitrust litigation against Google regarding its internet search business. U.S. District Judge Amit P. Mehta issued a 230-page ruling on remedies...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q2 2025

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Healthcare remains a key area of focus for antitrust regulators in the first six months of the Trump administration. The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have for the most part stuck to prior...more

Axinn, Veltrop & Harkrider LLP

DOJ Settles Challenge to UnitedHealth/Amedisys Merger: Three Key Takeaways for M&A Antitrust Under Trump

On August 7, the DOJ and four state attorneys general announced a settlement to resolve their challenge to the $3.3 billion acquisition of Amedisys, Inc. (“Amedisys”) by UnitedHealth Group Inc. (“UnitedHealth”), as well as...more

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