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Merger Reviews Acquisitions Department of Justice (DOJ)

Latham & Watkins LLP

Washington Introduces State-Level Merger Notification Rules

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States’ merger review and enforcement initiatives continue to expand as Washington adopts the nation’s first “mini-HSR” rule. On April 4, 2025, the State of Washington passed the Antitrust Premerger Notification Act...more

Akin Gump Strauss Hauer & Feld LLP

Transparency In Merger Enforcement: Taking Stock of the Deals That Didn't Bark

More than 82% of merger enforcement actions announced by the U.S. antitrust agencies in 2024 involved a litigated challenge (complaint) or the deal being abandoned. But only 17 enforcement actions were reported in total—well...more

Axinn, Veltrop & Harkrider LLP

Antitrust Enforcement in Energy M&A in the Trump Era — 4 Issues to Watch

As CERAWeek begins in Houston, dealmakers in the energy sector will surely be asking how the second Trump Administration antitrust enforcers will treat energy deals. As a prelude, no industry has a longer history with...more

A&O Shearman

Eastern District Of Virginia Overrules Objections To Proposed Divestiture Of Doorskin Manufacturing Plant

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On December 13, 2024, Judge Robert E. Payne of the Eastern District of Virginia, in a long-running private action that had previously found a consummated merger to be unlawful, overruled defendant’s objections to the required...more

Holland & Knight LLP

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

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After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more

Hogan Lovells

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

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It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

Proskauer Rose LLP

Question of the Week: What do companies need to know if the Federal Trade Commission's proposed merger review changes are...

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“Merger review is about to get thornier. While the FTC and DOJ have been tightening the merger review process incrementally over the course of the Biden administration, the newly proposed HSR rule changes represent a...more

Latham & Watkins LLP

The DOJ and FTC Draft Merger Guidelines: Key Takeaways

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The draft guidelines for applying US antitrust laws to merger investigations depart from prior guidance and seek to roll back decades of legal precedent on merger enforcement. Competitive effects analyses are out;...more

Eversheds Sutherland (US) LLP

Greater scrutiny of proposed mergers anticipated under new FTC and DOJ guidelines

Last week the Department of Justice and Federal Trade Commission (Antitrust Agencies) jointly released a draft of their long-awaited revised Merger Guidelines, which reflect the Biden Administration’s ramped up merger...more

Eversheds Sutherland (US) LLP

FTC and DOJ propose substantial changes to Hart-Scott-Rodino Notification Form for first time in its history

On June 27, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ, and together with the FTC, the Agencies) announced proposed changes to the premerger notification filing...more

Holland & Knight LLP

Killing Deals Softly: FTC Proposes 107-Hour Increase in Hart-Scott-Rodino Burden

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The Federal Trade Commission (FTC) on June 27, 2023, announced its intention to increase the cost and burden of its regulatory processes, which might prevent many even benign and procompetitive mergers and acquisitions (M&A)...more

Reveal

Understanding HSR second requests

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The M&A market had a record-breaking year in 2021 with more than $5 trillion in global volume. High private equity activity, a soaring stock market, and low-interest rates contributed to an exceptionally busy landscape, which...more

Hogan Lovells

FTC workshop highlights potential changes to agency’s review of pharmaceutical mergers

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On June 14 and 15, 2022 the Federal Trade Commission (FTC) hosted a workshop titled “Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.” The workshop was a culmination of the work of the...more

McDermott Will & Emery

[Webinar] Competition Crackdown: What Does Treasury’s Guidance for Alcohol Markets Mean for Your Business? - February 24th, 12:00...

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Last week, the US Treasury Department (Treasury) released a report that outlined a series of reforms aimed at boosting competition in the combined $250 billion US beer, wine and spirits markets in response to US President Joe...more

Akin Gump Strauss Hauer & Feld LLP

FTC Makes Major Changes to Expand Prior Approval in Merger Consents, Creating Greater Risk for Merging Parties Subject to FTC...

On Monday, October 25, the Federal Trade Commission (FTC or “Commission”) issued a policy statement announcing that the Commission will require all parties that enter into a merger consent agreement to agree that the parties...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

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On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Snell & Wilmer

FTC and DOJ Temporarily Suspend Grants of Early Termination For Merger Reviews

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On February 4, 2021, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced suspension of early termination grants under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). These grants...more

TransPerfect Legal

The Effects of the 2020 Election on Antitrust Merger Clearance

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On October 20, 2020, TransPerfect Legal Solutions (TLS) hosted an inaugural conference on recent developments in antitrust clearance and merger enforcement proceedings. This article is the first of a three-part series...more

Perkins Coie

“Reasonableness” Is in the Eye of the Beholder: Vague Contracts Clauses Invite Litigation

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Schick, the shaving product company, recently announced it was abandoning its proposed $1.4 billion acquisition of rival startup Harry’s Razors. The announcement followed the U.S. Federal Trade Commission’s (FTC) threat to...more

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