News & Analysis as of

Horizontal Merger Guidelines Competition Acquisitions

BCLP

Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

BCLP on

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more

Wilson Sonsini Goodrich & Rosati

Issues at Check Out: FTC Challenges Kroger’s Acquisition of Albertsons with Novel Theories About Labor Market Harm and Adequate...

On February 26, 2024, the Federal Trade Commission (FTC), alongside Attorneys General from eight states and the District of Columbia, initiated legal action to block Kroger’s $24.6 billion acquisition of Albertsons. The...more

A&O Shearman

Antitrust in focus - January 2024

A&O Shearman on

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

Fenwick & West LLP

4 Antitrust Enforcement Trends for 2024

Fenwick & West LLP on

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

Faegre Drinker Biddle & Reath LLP

Final Merger Guidelines Will Result in Increased Scrutiny for M&A Deals

On December 18, 2023, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly announced the issuance of the final version of new Merger Guidelines, after publishing a draft in July 2023. We previously...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

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

Troutman Pepper Locke

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

Troutman Pepper Locke 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

McDermott Will & Emery

EU Competition Law: New Horizontal Block Exemption Regulations and Horizontal Guidelines

McDermott Will & Emery on

European Commission adopts the final version of the much-anticipated Research & Development Block Exemption Regulation and Specialisation Block Exemption Regulation, as well as the Horizontal Guidelines....more

Vinson & Elkins LLP

Shifting Sands: DOJ Applies New Merger Enforcement Standards in Recent Lawsuit

Vinson & Elkins LLP on

On September 15, 2022, the Department of Justice (“DOJ”) sued to block ASSA ABLOY AB’s (“ASSA ABLOY”) proposed $4.3 billion acquisition of the Hardware and Home Improvement division of Spectrum Brands Holdings Inc....more

Skadden, Arps, Slate, Meagher & Flom LLP

Public Comments on US Merger Guidelines May Be Harbinger of Stronger Enforcement

Key Points - U.S. antitrust regulators at the DOJ and FTC embarked on a joint review of merger enforcement by soliciting public input on modernizing federal merger guidelines. While public comments ran the gamut from...more

Hogan Lovells

FTC and DOJ announce joint effort to revise federal merger review guidelines

Hogan Lovells on

On 18 January 2022 the Department of Justice (DOJ) and Federal Trade Commission (FTC) held a press conference to announce a joint effort to modernize the horizontal and vertical federal merger guidelines “to better detect and...more

Hogan Lovells

FTC Votes to Rescind 2020 Vertical Merger Guidelines

Hogan Lovells on

On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines...more

Epstein Becker & Green

A New Antitrust “Safety Zone” for Vertical Mergers

Epstein Becker & Green on

The U.S. Department of Justice and the Federal Trade Commission (collectively, “Agencies”) recently released for public comment their much-anticipated draft Vertical Merger Guidelines (“Guidelines”) that purport to “outline...more

Jones Day

Antitrust Alert: U.S. Antitrust Agencies Issue First Vertical Merger Guidelines in 35 Years

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Last week, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") issued draft Vertical Merger Guidelines. Vertical mergers combine two or more companies operating at different levels of a supply chain...more

Foley & Lardner LLP

FTC and DOJ Issue Draft Vertical Merger Guidelines

Foley & Lardner LLP on

On January 10, 2020, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released for public comment draft Vertical Merger Guidelines. Vertical mergers are those that combine companies...more

Jones Day

DOJ Merger Challenge Makes Unprecedented Use of Arbitration to Determine Market Definition

Jones Day on

The Situation:The U.S. Department of Justice ("DOJ") has sued to block a proposed acquisition of Aleris Corporation by Novelis Inc. In an unprecedented move, the parties and DOJ agreed to refer the "dispositive" issue of...more

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