News & Analysis as of

Federal Trade Commission (FTC) Buyers

A&O Shearman

Antitrust focus on private equity funds and serial acquisitions

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Until relatively recently, private equity buyers were viewed as largely benign. Where antitrust regulators expressed concerns with private equity buyers, it was generally in the context of them being viewed as sub-optimal...more

Husch Blackwell LLP

Healthcare Founders Face New Exit Considerations

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Exiting a business, whether you are a serial entrepreneur looking to move on to the next project or a healthcare provider like a physician or therapist who has nurtured your practice for decades, can be difficult. After all,...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

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The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

White & Case LLP

Dealmakers prepare to face new uncertainties in 2024

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Global M&A activity continued to make slow progress in 2023, with stubbornly high interest rates and stringent financing conditions stifling market confidence. Nearly US$3.2 trillion of M&A deals were announced last year—a...more

Jenner & Block

Jenner & Block Japan Newsletter - January 2024

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Welcome to the January 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

Gardner Law

FDA Regulatory, Compliance, and Privacy Due Diligence — Finding Your Goldilocks Zone

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When conducting due diligence of an FDA-regulated company, there are several important questions that should be posed. These include questions relating to regulatory, compliance, and privacy matters. For example, questions...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: New Proposed Merger Guidelines Reflect DOJ and FTC’s Anti-merger Policy, Signal Continued Aggressive...

The U.S. Department of Justice, Antitrust Division (DOJ), and the Federal Trade Commission (FTC) (and together, the “Agencies”) have released long-anticipated draft merger guidelines (the “2023 Draft Guidelines”) that...more

Shumaker, Loop & Kendrick, LLP

Attention Online Retailers! The New INFORM Consumer Act is Now in Effect

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) took full effect. The INFORM Act aims to add more transparency to online transactions and to prevent...more

White & Case LLP

You're gonna need a bigger boat: Stormy waters ahead as the FTC proposes far-reaching changes to HSR Form

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If the proposed rule is finalized, merging parties will face expansive requirements for HSR filings and lengthy filing preparation times. On June 27, 2023, the US Federal Trade Commission ("FTC"), with the concurrence of...more

Sheppard Mullin Richter & Hampton LLP

Hot Antitrust Enforcement Climate Reaches Private Equity

Antitrust enforcement has been heating up over the last few years in several areas – notably in healthcare and labor. As the antitrust climate intensifies and spreads, private equity (PE) firms are starting to feel the heat,...more

Flaster Greenberg PC

FTC Noncompete Ban Could Harm Buyers And Sellers In M&A

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This article originally ran in Law360 on February 10, 2023. All rights reserved.  As federal and state governments consider limiting or prohibiting employee noncompetition agreements or other restrictive covenants, the...more

Bass, Berry & Sims PLC

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

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Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction...more

White & Case LLP

Mixed Signals: US M&A FY 2022

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Although the record-breaking deal activity of 2021 spilled over into 2022, headwinds in the first quarter developed into a significant slowdown during the rest of 2022, with an expectation of continued slowness as we enter...more

Steptoe & Johnson PLLC

Don’t Forget Taxes When Negotiating Non-Competes

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Exception to FTC Proposal Although the Federal Trade Commission (FTC) has proposed a ban on non-compete agreements, the proposal contains an exception in certain business acquisitions where the seller enters into a...more

Gibney Anthony & Flaherty, LLP

Update: INFORM Act to Protect Against Online Counterfeiters: What the New Law Means for Brand Owners and Consumers

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) was signed into law by President Biden on December 29, 2022. A positive step in the fight against online...more

Hinch Newman LLP

FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce...

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The Business Opportunity Rule (“Biz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a...more

Skadden, Arps, Slate, Meagher & Flom LLP

US and EU Regulators Increase Scrutiny of Vertical Mergers

US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more

McDermott Will & Emery

FTC Takes Action Limiting Overbroad M&A Non-Compete

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WHAT HAPPENED - • GPM Investments (GPM) acquired 60 gas stations from Corrigan Oil (Corrigan). • As part of the acquisition agreement, Corrigan agreed not to compete for a period of time with the gas stations purchased...more

Sheppard Mullin Richter & Hampton LLP

Buyer (and Seller) Beware: The FTC Is and Will Come for Your M&A Non-Competes

Since President Biden’s July 2021 direction to the Federal Trade Commission (“FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” the FTC has...more

White & Case LLP

Antitrust: Extended timelines and broader scope

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The Federal Trade Commission (FTC) was busy in its first year under the Biden administration. Over the past year, the FTC announced several important policy and process changes that may have significant implications for US...more

Sheppard Mullin Richter & Hampton LLP

Back to the “Good Old Days”: FTC Announces Return to Prior Merger Approval Regime

FTC announces that its merger enforcement orders will once again require prior approval before the subject firm can make a future acquisition affecting any relevant market for which a violation was alleged. On October 25,...more

Perkins Coie

FTC Revives and Expands “Prior Approval” Policy

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On October 25, 2021, the U.S. Federal Trade Commission (FTC) released its “Statement on Use of Prior Approval Provisions in Merger Orders” (the Statement). The Statement announces two material changes in the agency’s merger...more

White & Case LLP

Federal Trade Commission’s Pre-Consummation Warning Letters Signal New Risk of Closing After Hart-Scott-Rodino Act Waiting Period...

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On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging...more

McDermott Will & Emery

FTC “Prior Approval” Policy for Future Transactions Raises Antitrust Risks for Buyers and Sellers

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The US Federal Trade Commission (FTC) voted July 21, 2021, to repeal a 1995 policy statement that eliminated prior approval and prior notice provisions from most merger settlements. In repealing this longstanding policy—and...more

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