News & Analysis as of

Merger Agreements Antitrust Provisions Acquisition Agreements

Jones Day

EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

Jones Day on

The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more

Manatt, Phelps & Phillips, LLP

Preparing for the Future of Health Care Antitrust Scrutiny

Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting, and private funding are being scrutinized by the federal and state governments.  Proper...more

Stikeman Elliott LLP

Shifting the Burden: Proposed Changes to Merger Reviews in Canada

Stikeman Elliott LLP on

Canadian businesses may soon face tougher standards in merger review if amendments being considered by the government to include “structural presumptions” and more onerous remedy standards in merger reviews are passed into...more

Stinson LLP

DOJ and FTC’s Aggressive Antitrust Enforcement Agenda Set to Continue

Stinson LLP on

There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward: New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more

Cornerstone Research

2023 Merger Guidelines Addressing Potential Impacts on Workers

Cornerstone Research on

In this article from The Threshold, the authors recap a panel on theories of labor harm in mergers, sponsored by the Mergers and Acquisitions Committee of the American Bar Association Section of Antitrust Law....more

Quarles & Brady LLP

Indiana Lawmakers Continue to Take Aim at Health Care Organization Mergers

Quarles & Brady LLP on

On February 27, 2024, the Indiana House of Representatives (“House”) voted to pass legislation that would call for increased scrutiny regarding mergers between health care organizations. More specifically, the implementation...more

Cornerstone Research

Trends in Merger Investigations and Enforcement at the U.S. Antitrust Agencies: Fiscal Years 2005-2022

Cornerstone Research on

In fiscal year 2022, merger transactions and second requests decreased from the prior year....more

Cadwalader, Wickersham & Taft LLP

European Commission’s Revised Guidance on Market Definition Will Make It Easier to Allege Mergers Will “Significantly Impede...

The European Commission’s (“Commission”) substantially revised Market Definition Notice (“Revised Notice”) will make it significantly easier for it to allege that mergers and other transactions (“mergers”) are likely to...more

Wyrick Robbins Yates & Ponton LLP

M&A in 2024: How to Prepare for HSR Filings in a Year of Antitrust Uncertainty

In June 2023, the Federal Trade Commission (“FTC”) issued a proposed rule that would dramatically change, and increase the burden of, Hart-Scott-Rodino Act (the “HSR Act”) pre-merger antitrust filings.  Many observers expect...more

Manatt, Phelps & Phillips, LLP

Federal Antitrust Enforcement in Health Care: 2023 Year in Review – Part 2

Editor’s Note: This article is the second in our three-part series, Federal Antitrust Enforcement in Health Care: 2023 Year in Review.  (Click here to read part 1.) The series is based on our recent webinar, 2023 Health Care...more

Akerman LLP

First Major Overhaul of HSR Act Will Greatly Increase Time and Resources Required to Complete HSR Filing

Akerman LLP on

In June 2023, the Federal Trade Commission (FTC), in conjunction with the Antitrust Division of the U.S. Department of Justice (DOJ), issued a Notice of Proposed Rulemaking to amend the premerger notification form and...more

Epstein Becker & Green

Warning - Transaction Delays Expected. State Notice Requirements Ahead for Health Care M&A!

Epstein Becker & Green on

An increasing number of states are requiring advance notice of health care transactions.  These requirements may delay transactions or result in confidential information becoming accessible to the public. Effective August 1,...more

Adler Pollock & Sheehan P.C.

The Most Unlikely of Mergers May Still Have an Upslope Legal Battle

Details of the Merger - Golf fans and professional golfers alike were shocked by the news in early June that the PGA Tour (“PGA”) would be merging with the newly founded LIV Golf League (“LIV”) after disparaging each other...more

Troutman Pepper

FTC and DOJ Announce Workshops on the 2023 Draft Merger Guidelines

Troutman Pepper on

The Federal Trade Commission (FTC) and Department of Justice (DOJ), Antitrust Division announced that they will hold three workshops regarding their jointly issued Draft Merger Guidelines. The first virtual workshop will be...more

Manatt, Phelps & Phillips, LLP

New York’s Disclosure of Material Transactions Law Takes Effect

As part of the Fiscal Year (FY) 2024 New York State Budget, New York adopted legislation that granted the Department of Health (DOH or Department) oversight of certain health care transactions involving physician practices...more

McDermott Will & Emery

[Webinar] Healthcare M&A and New FTC and DOJ Merger Guidelines: What’s Next for Your Transactions? - August 9th, 12:30 pm - 1:30...

The FTC and DOJ’s proposed revised merger guidelines signal the Biden administration’s continued aggressive antitrust enforcement stance even as healthcare industry participants continue to seek to overcome the effects of...more

Nelson Mullins Riley & Scarborough LLP

Federal Trade Commission Proposes Major Changes to Hart-Scott-Rodino Process

On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (USDOJ), released a 133-page Notice of Proposed Rulemaking (NPRM) seeking to overhaul the Hart-Scott-Rodino Act of...more

Jones Day

DOJ/FTC Propose Massive Changes to HSR Premerger Filings: What You Need to Know

Jones Day on

The Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ”) have proposed to expand dramatically the scope and burden of preparing a merger filing in the United States. The proposed changes...more

A&O Shearman

New merger guidelines greatly rewrite the framework for reviewing M&A transactions

A&O Shearman on

On July 19, 2023, the Federal Trade Commission and Department of Justice Antitrust Division announced sweeping changes to how they review deals. The agencies published new “Merger Guidelines” that identify the competition...more

Stinson LLP

FTC and DOJ Propose Overhaul of Merger Guidelines

Stinson LLP on

On July 19, 2023, The Federal Trade Commission and the Department of Justice (the agencies) released a draft update of the Merger Guidelines that would significantly overhaul how the agencies review mergers and acquisitions....more

A&O Shearman

EU Foreign Subsidies Regulation takes effect with procedural rules clarified

A&O Shearman on

Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more

HaystackID

Spring has Sprung? A Hart-Scott-Rodino Act Transaction Update (March FY 2023)

HaystackID on

The Hart Scott Rodino Act (HSR Act) is a federal law that requires companies planning to merge or acquire certain assets or voting securities to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ)...more

Davis Wright Tremaine LLP

A Record-Breaking Year of Mergers and Acquisitions

On February 10, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) released the 44th Hart-Scott-Rodino Annual Report, which surveys fiscal data and trends in the agencies' jointly administered...more

The Volkov Law Group

DOJ’s Antitrust Division Begins Trials to Block Two Large Mergers

The Volkov Law Group on

The Justice Department’s Antitrust Division continues to push its aggressive civil and criminal agenda.  While the Division has lost several high-profile criminal cases in the chicken processing industry and the labor market,...more

Wilson Sonsini Goodrich & Rosati

D(MA)-Day: Formal Adoption of the EU Digital Markets Act

On July 18, 2022, the long-awaited Digital Markets Act (DMA) received the final approval of the EU's co-legislators. The DMA will impose stringent far-reaching obligations on the largest digital platforms: the "gatekeepers."...more

37 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide