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Wilson Sonsini Goodrich & Rosati

2016 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Antitrust Year in Review. In this report, we summarize the most significant antitrust matters and developments of the past year. We begin with a look at the...more

Cooley LLP

Blog: Federal Antitrust Authorities Step Up Merger Enforcement – Recent Victories Buoy Enforcers

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Obama Administration antitrust enforcers have faced criticism over the last year for not being sufficiently aggressive, allegedly leading to concentrated industries to the detriment of consumers. The Department of Justice and...more

Akin Gump Strauss Hauer & Feld LLP

Antitrust-Related Recent Developments: FTC/DOJ Aggressive Merger Enforcement Continues

The Federal Trade Commission and Department of Justice have continued their aggressive stance against proposed mergers that the antitrust agencies perceive as harmful to competition. So far this year, the FTC obtained a...more

A&O Shearman

Antitrust Reverse Termination Fees--2016 Q2 Update

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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

Orrick, Herrington & Sutcliffe LLP

ValueAct Settlement Marks Record Penalty in Heightened Agency Efforts Against HSR Act Violations

Where is the line drawn between acquisitions of securities made “solely for the purpose of investment” on one hand, and influencing control, thereby requiring regulatory approval, on the other hand? That is the central...more

Mintz

Activist Investor to Pay Record Fine for Violating HSR Reporting Requirements

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The Department of Justice (“DOJ”) announced this week that an activist investment manager has agreed to pay a record $11 million to settle allegations that it violated the requirements of the Hart-Scott-Rodino Antitrust...more

Proskauer Rose LLP

Four Takeaways from the ABA Antitrust Section's 2016 Spring Meeting

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Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more

Latham & Watkins LLP

DOJ Suit Against ValueAct Shines Spotlight on HSR Requirements for Shareholder Activists

Latham & Watkins LLP on

Suit signals potential consequences for activist investors who rely on the HSR “solely for purposes of investment” exemption. On April 4, 2016, the U.S. Department of Justice (DOJ) sued certain ValueAct Capital entities...more

Proskauer Rose LLP

When Passive Investors Take a Stand – HSR Act Enforcement Put to the Test

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Enforcement actions for violations of the Hart-Scott-Rodino Act (HSR) often are announced with substantial money penalties or other restrictions agreed in advance between the agency and the parties. Not so with the Department...more

Morrison & Foerster LLP

DOJ Suit Against Activist Investor Highlights Narrow Interpretation of HSR “Investment Only” Exemption

On April 4, 2016, the U.S. Department of Justice (DOJ) filed a civil antitrust lawsuit against activist investor ValueAct Capital (“ValueAct”). DOJ asserts that ValueAct improperly relied on the “investment only” exemption to...more

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