News & Analysis as of

Federal Trade Commission (FTC) Horizontal Merger Guidelines Mergers

McDermott Will & Emery

Antitrust M&A Snapshot - Q1 2024

UNITED STATES - New Merger Guidelines Deployed - The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more

A&O Shearman

Antitrust in focus - January 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Noah Brumfield, partner based in Washington, D.C. and Silicon Valley, is our editor this month. He has selected: ...more

Hogan Lovells

FTC challenges first hospital merger under new Merger Guidelines

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On January 25, 2024 the Federal Trade Commission (FTC) sued to block Novant Health (Novant) from acquiring two North Carolina hospitals, Lake Norman Regional Medical Center and Davis Regional Medical Center from Community...more

Fenwick & West LLP

4 Antitrust Enforcement Trends for 2024

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In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive...more

Bass, Berry & Sims PLC

New Merger Guidelines Unveiled, Broadening Scrutiny and Impact on Business Transactions

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On December 18, 2023, the Department of Justice and the Federal Trade Commission (Agencies) issued the 2023 Merger Guidelines, which replace the Agencies’ 2010 Horizontal Merger Guidelines and the 2020 Vertical Merger...more

Cooley LLP

What Dealmakers Need to Know

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As a capstone on the Biden administration’s aggressive 2023 antitrust enforcement, the Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued revised Merger Guidelines before the holidays, replacing the...more

Locke Lord LLP

The Federal Trade Commission and ‎Justice Department Release Final 2023 Merger Guidelines

Locke Lord LLP on

The Federal Trade Commission and the Justice Department jointly issued the 2023 Merger Guidelines on December 18, 2023, which describe the factors and frameworks the agencies will utilize when reviewing mergers and...more

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: With Final 2023 Merger Guidelines, DOJ and FTC Formalize Aggressive Merger Enforcement Policy

What You Need to Know- •The final 2023 Merger Guidelines are structured around 11 guidelines outlining the Agencies’ approach to merger enforcement. •Together with the massive changes to the HSR form proposed in June...more

Bracewell LLP

DOJ and FTC Finalize New Merger Guidelines

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On December 18, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued the final version of new merger review guidelines (Merger Guidelines), five months after the agencies published a draft for...more

Dorsey & Whitney LLP

Back to the Future: 2023 Merger Guidelines Reach into History to Support Enlarged Antitrust Enforcement Agenda

Dorsey & Whitney LLP on

On December 18, 2023, the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) jointly released their long-anticipated final 2023 Merger Guidelines after a notice and public comment period, during which they...more

Fenwick & West LLP

FTC and DOJ Publish Final Revised Merger Guidelines, Driving Increased Uncertainty for M&A Activity

Fenwick & West LLP on

On December 18, 2023, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) (together, the “agencies”) jointly released their final revised 2023 Merger Guidelines, reflecting modest adjustments...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ and FTC Release Final 2023 Merger Guidelines Formalizing Aggressive Merger Enforcement Playbook

On December 18, 2023, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released the final 2023 Merger Guidelines (the Guidelines). While the final version of the Guidelines reflects...more

McDermott Will & Emery

New FTC, DOJ Merger Guidelines Create Challenges and Opportunities

McDermott Will & Emery on

The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on December 18, 2023. These guidelines represent a significantly more...more

Paul Hastings LLP

FTC and DOJ Solidify Expanded Merger Enforcement in Finalized Merger Guidelines

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On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) released final revisions to the Merger Guidelines (the “2023 Merger Guidelines”) that frame the agencies’...more

Sheppard Mullin Richter & Hampton LLP

The Wait is Over: DOJ and FTC Issue Final Merger Guidelines

On December 18, 2023, the Federal Trade Commission and Department of Justice (the “Agencies”) jointly issued Final Merger Guidelines, following a public comment period on the Proposed Merger Guidelines first issued in July....more

Wilson Sonsini Goodrich & Rosati

Navigating the Maze in Pharma Transactions: FTC Blocks Sanofi’s Exclusive License with Maze Therapeutics

Amidst a wave of challenges to mergers on novel theories of harm, proposals to revamp both the HSR Filing rules and the Merger Guidelines used for assessing the competitive impact of mergers, and taking steps to enlarge the...more

Skadden, Arps, Slate, Meagher & Flom LLP

What the New Federal Merger Guidelines Mean for Companies Pursuing Deals

In July, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2023

Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Enforcement Agencies Continue to Target Interlocking Directorate Arrangements

On August 16, 2023, the Federal Trade Commission (“the FTC”) marked its first enforcement action of the prohibitions on interlocking directorates under Section 8 of the Clayton Act in over 40 years. Section 8 prohibits an...more

Troutman Pepper

The Evolution of the FTC and DOJ Continues: Agencies Seek Public Comment on Draft Merger Guidelines

Troutman Pepper on

The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued new draft Merger Guidelines on July 19. The draft Merger Guidelines were created with the goal "to better reflect how the agencies...more

Akin Gump Strauss Hauer & Feld LLP

The Agencies Release Consolidated Merger Guidelines: Insights from the Latest Signal for Expanded Merger Enforcement

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (collectively, the “Agencies”) issued a draft update of the Merger Guidelines (hereinafter, the “Proposed...more

Morrison & Foerster LLP

DOJ and FTC Release Draft of New Merger Guidelines

The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have...more

Bracewell LLP

What Once Was Old Is New Again: DOJ and FTC Issue Draft New Merger Guidelines

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On July 19, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued a draft version of new Merger Guidelines (Merger Guidelines), which would replace the 2010 Horizontal Merger Guidelines and the...more

Mintz - Antitrust Viewpoints

In with the Old, Out with the New: DOJ and FTC Issue Much-Anticipated Draft Merger Guidelines

On July 19, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published Draft Merger Guidelines. The Draft Merger Guidelines, if adopted, would replace both the...more

Dechert LLP

U.S. Antitrust Agencies Launch Long-Awaited Guidelines to Bolster Merger Enforcement

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On July 19, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the agencies) issued their long-awaited draft Merger Guidelines.  The draft Merger Guidelines, once finalized, will...more

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