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Federal Trade Commission (FTC) Department of Justice (DOJ) Safe Harbors

Foley & Lardner LLP

What Every Multinational Company Should Know About … the U.S. DOJ’s Safe Harbor Policy and What the Antitrust Division Requires

Foley & Lardner LLP on

In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct...more

Akerman LLP - Health Law Rx

New Safe Harbor and General Compliance Program Guidance Provides Opportunity for Buyers to Mitigate Litigation and Fraud Risk

By maintaining a robust compliance program, healthcare companies are better able to identify potential red flags early and to prevent violations of fraud and abuse laws. A failure to maintain an effective compliance program...more

Paul Hastings LLP

Public Company Watch: November 2023

Paul Hastings LLP on

In the November edition of our Public Company Watch, we cover key issues impacting public companies, including how to prepare for the 2024 10-K season; the SEC announcing a new intake system for Rule 14a-8 submissions; the...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 3rd Quarter 2023

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The third quarter of 2023 was eventful for both domestic and international cartel enforcers. In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On...more

Paul Hastings LLP

Safe Harbor in the Coming Enforcement Storm? DOJ Announces New M&A Policy to Encourage Compliance

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On October 4, 2023, Deputy Attorney General Lisa Monaco (the “DAG”) announced a new Mergers & Acquisitions (“M&A”) Safe Harbor Policy issued by the Department of Justice (“DOJ”) as part of her comments detailing increased...more

BakerHostetler

State Attorneys General Take a Strong Pro-Enforcement Stance in Comments to Draft Merger Guidelines

BakerHostetler on

On Sept. 18, 2023, 19 Democratic state attorneys general (AGs) filed public comments to the Draft Merger Guidelines (Draft Guidelines) proposed by the U.S. Department of Justice and the Federal Trade Commission (the Agencies)...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

Hogan Lovells

FTC joins DOJ in rescinding health care antitrust policies

Hogan Lovells on

On July 14, 2023 the Federal Trade Commission (FTC) announced that it is withdrawing two antitrust policy statements related to antitrust enforcement in health care markets (the policy statements). Specifically, the FTC is...more

Dechert LLP

Ready. Set. Flow: Green Light from the Commission for EU-U.S. Data Privacy Framework

Dechert LLP on

On 10 July 2023, the European Commission announced a major development1 in EU-U.S. personal data transfer relations by adopting a long-anticipated adequacy decision2 for the EU-U.S. Data Privacy Framework (“DPF”). The...more

Maynard Nexsen

DOJ Withdraws Healthcare Guidance and Safe Harbors

Maynard Nexsen on

On February 3, 2023, The Department of Justice (“DOJ”) announced the withdrawal of three antitrust policy statements related to the healthcare industry, which collectively created numerous longstanding “safe zones” for...more

Foley & Lardner LLP

DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors

Foley & Lardner LLP on

On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more

Morrison & Foerster LLP

DOJ Signals Intent to Increase Antitrust Scrutiny of Information Sharing

On February 2, 2023, the Principal Deputy Assistant Attorney General for the U.S. Department of Justice’s (DOJ) Antitrust Division, Doha Mekki, announced that the DOJ was withdrawing three policy statements outlining safe...more

Wilson Sonsini Goodrich & Rosati

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more

Foley Hoag LLP

What Are Interlocking Directorates and Section 8?

Foley Hoag LLP on

An Explanation of Why Two Directors Resigned from the Live Nation Board of Directors to Resolve Antitrust Concerns - Every year as part of the update of various regulatory thresholds, including the much more closely...more

Foley & Lardner LLP

FTC and DOJ Issue Final Vertical Merger Guidelines

Foley & Lardner LLP on

On June 30, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released their first jointly issued Vertical Merger Guidelines. These Guidelines replace DOJ’s Non-Horizontal Merger Guidelines...more

Cozen O'Connor

EU Kills Privacy Shield | Honesty In Telecom Advertising | Big False Claims Act Settlements

Cozen O'Connor on

2020 AG Elections- Indiana GOP Chooses AG Candidate for 2020; Virginia Looks Ahead to 2021- •Todd Rokita, former Indiana Secretary of State and U.S. Congressman, has won the Republican nomination for Indiana AG over...more

Dechert LLP

The New U.S. Antitrust Vertical Merger Guidelines: Five Things You Need to Know

Dechert LLP on

The final Vertical Merger Guidelines issued on June 30, 2020 provide guidance to the business and legal communities on how the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) currently analyze the...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Issue Vertical Merger Guidelines

Following their January publication of Draft Vertical Merger Guidelines (draft guidelines) for public comment, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) (collectively, the agencies) issued final...more

Perkins Coie

US DOJ and FTC Issue Vertical Merger Guidelines

Perkins Coie on

The U.S. Department of Justice and Federal Trade Commission on June 30, 2020, published in final form the agencies’ Vertical Merger Guidelines (Vertical Guidelines). They are designed to increase the transparency of the...more

Vinson & Elkins LLP

DOJ And FTC Finalize New Vertical Merger Guidelines

Vinson & Elkins LLP on

On June 30, 2020, the Department of Justice and the Federal Trade Commission released new Vertical Merger Guidelines (“Guidelines”), which explain how the agencies assess mergers and acquisitions of companies at different...more

King & Spalding

DOJ and FTC Issue Final Vertical Merger Review Guidelines

King & Spalding on

On Tuesday, June 30, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new Vertical Merger Guidelines (the “Guidelines”). Vertical mergers involve the combination of firms operating at...more

Perkins Coie

US DOJ and FTC Propose Vertical Merger Guidelines

Perkins Coie on

The U.S. Department of Justice and U.S. Federal Trade Commission published proposed vertical merger guidelines (vertical guidelines) on January 10, 2020. These are designed to increase the transparency of the agencies'...more

Akerman LLP - Health Law Rx

The AHA’s Letter to Santa Claus

The American Hospital Association, after having been “nice” all year, penned its letter to Santa Claus with its wish list for Christmas. Its four page letter (actually addressed to President-Elect Donald Trump at 1717...more

Latham & Watkins LLP

Narrowing the Gap for the Price-Cost Test: Lessons From Eisai v. Sanofi-Aventis

Latham & Watkins LLP on

For companies that rely on price discounting as a sales and marketing tool, navigating antitrust risk can be difficult. Lower prices always benefit customers in the short run, but economic theory creates room for plaintiffs...more

Thomas Fox - Compliance Evangelist

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

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