News & Analysis as of

Federal Trade Commission (FTC) Department of Justice (DOJ) Consent Order

Mintz - Antitrust Viewpoints

The FTC "Settles" For a Conduct Consent Decree to Resolve Its Challenge to the Amgen-Horizon Merger

For years, the antitrust enforcement agencies have indicated their antipathy toward resolving competition issues in proposed mergers by entering into consent decrees that prohibit certain conduct, rather than stopping the...more

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - August 2023

The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing on:...more

Mintz - Antitrust Viewpoints

FTC Proposed Settlement Requires Private Equity Firm to Divest Shares, Relinquish Potential Board Seat, and Other Expansive...

The Federal Trade Commission (“FTC”), the Department of Justice Antitrust Division (“DOJ”), and the new proposed merger guidelines have all called out private equity transactions for particular scrutiny. The FTC just...more

Foley & Lardner LLP

FTC Blocks Interlocking Directorate and Makes Good on Its Commitment to Pursue Purported “Unfair Methods of Competition” as...

Foley & Lardner LLP on

For the first time in 40 years, the Federal Trade Commission (FTC) has taken action to enforce Section 8 of the Clayton Act, which prohibits so-called interlocking directorates. In the same action, the FTC mounted its first...more

Hinch Newman LLP

Another U.S. Supreme Court Ruling Erodes Traditional FTC Enforcement Authority Amounting to a Win for Digital Advertisers

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On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more

Buchalter

CFPB Proposes That Non-Bank Consumer Finance Companies Must (1) Register all Federal, State and Local Regulator Enforcement Orders...

Buchalter on

Registration of Regulator Orders and Court Judgments - On December 12, 2022, the CFPB issued a proposed rule regarding non-bank consumer finance firms registration of all settlements and enforcement orders. The proposed...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 8, 2022)

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Regulatory Announcements- FTC Commissioner Phillips Plans to Leave the Agency in the Fall, Per Media Reports. On August 8, several media outlets reported that FTC Commissioner Noah Phillips informed his staff through a memo...more

Vinson & Elkins LLP

In Back-to-Back Consent Orders, FTC Doubles Down on Private Equity and Non-Compete Enforcement

Vinson & Elkins LLP on

In a pair of unanimous decisions, the Federal Trade Commission this week issued consent orders resolving challenges to two acquisitions. Both enforcement actions focus on top priorities of the Biden antitrust enforcers...more

Wiley Rein LLP

Wiley Consumer Protection Download (January 10, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...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

BakerHostetler

Facebook vs. the FTC: It’s Not Over Till It’s Over

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Yogi Berra did indeed once famously say, “It’s not over till it’s over.” (Actually, he said, “It ain’t,” but that would not have survived the proofreader’s scrutiny). ...more

Epstein Becker & Green

The Numbers Are In: The Recently Released Hart-Scott-Rodino Annual Report for Fiscal Year 2018 Provides an Overview of Antitrust...

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On September 16, 2019, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) released their combined Hart-Scott-Rodino Annual Report (“Report”) for fiscal year 2018 (covering the...more

Mintz

Divergent Views on Vertical Mergers Apparent in FTC’s Staples Merger Consent

Mintz on

In the process of green-lighting a vertical merger with a firewall remedy, the current Federal Trade Commission (“FTC” or “Commission”) exposed a significant partisan divergence in the commissioners’ approach to vertical...more

Manatt, Phelps & Phillips, LLP

FTC Sends Money Transfer Service $125M Penalty, Expanded Order

An international money transfer service must pay $125 million after it failed to take the steps required in a 2009 consent order it had agreed to with the Federal Trade Commission (FTC) and a 2012 Deferred Prosecution...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - September 2018

ANTICORRUPTION DEVELOPMENTS - Petrobras Settles with U.S. Authorities Over Alleged FCPA Violations - On September 27, 2018, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)...more

McDermott Will & Emery

The Latest: FTC Challenges Non-HSR Reportable Retail Fuel Station Transaction— Requires Three Localized Divestitures in Alabama

McDermott Will & Emery on

WHAT HAPPENED - • Alimentation Couche-Tard Inc. (ACT) is a Canadian corporation and is engaged in the retail sale of gasoline and diesel fuel in the United States. Circle K Stores, Inc. (Circle K) is a wholly owned...more

A&O Shearman

Antitrust Reverse Termination Fees--2016 Q2 Update

A&O Shearman on

This post updates the public deal antitrust reverse termination fee database through June 30, 2016. An antitrust reverse termination fee (ARTF), sometimes called an antitrust reverse breakup fee, is a fee payable by the...more

King & Spalding

Third Point Settles FTC Charges That They Violated U.S. Premerger Notification Requirements

King & Spalding on

On August 24, 2015, the FTC announced that Third Point Funds (“Third Point”), which includes three affiliated hedge funds commonly managed, agreed to settle FTC charges that it violated premerger reporting requirements in...more

Akin Gump Strauss Hauer & Feld LLP

Antitrust-Related Recent Developments: DOJ settles gun-jumping case, FTC issues fines for failure to submit HSR filing and FTC...

DOJ fines particleboard manufacturers $4.95 million for gun-jumping violations - On Friday, November 7, 2014, two companies agreed to pay $4.95 million to settle U.S. Department of Justice (DOJ) allegations that the...more

Baker Donelson

Recent State Attorney General Merger Enforcement: Charting a Different Path from the Feds - or Not?

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As hospital and physician consolidation continues, state Attorneys General (AG) have not abdicated the merger enforcement arena to the Federal Trade Commission (FTC) or the United States Department of Justice (DOJ)...more

BakerHostetler

Fix My Merger – Lessons from FTC Bureau Director Feinstein on the Use of Consent Orders to Remedy Anticompetitive Mergers

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In her first speech since becoming Director of the Federal Trade Commission’s Bureau of Competition, Deborah Feinstein highlighted five benefits arising from addressing antitrust violations through consent orders and...more

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