News & Analysis as of

Merger Reviews Department of Justice (DOJ)

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Will Take a Friendlier Approach to Mergers but Retain Biden-Era Guidelines and HSR Rules - The Trump...

The government’s new antitrust leaders have signaled a less skeptical stance on mergers but a continued focus on enforcement, especially in Big Tech and the health care and agriculture sectors....more

Latham & Watkins LLP

Washington Introduces State-Level Merger Notification Rules

Latham & Watkins LLP on

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

Faegre Drinker Biddle & Reath LLP

A Review of Early Antitrust Enforcement Under Trump 2.0

In the months before the 2024 presidential election, we reported on the stated antitrust agendas of candidates Kamala Harris and Donald Trump. Now a few months into the second Trump administration, we review recent...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

A&O Shearman on

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

TransPerfect Legal

Navigating the New Frontier: How Redefined Competition Analysis is Reshaping Second Requests

TransPerfect Legal on

At TransPerfect Legal's fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME), hosted by the TransPerfect Legal Antitrust Practice Group, industry experts gathered to discuss evolving regulatory changes....more

Sheppard Mullin Richter & Hampton LLP

Antitrust During Trump 2.0: It’s Complicated

What antitrust enforcement will look like during a second Trump administration is, like antitrust law, complicated. Notions that Republicans are pro-business and therefore will take a laissez-faire approach to antitrust...more

BakerHostetler

Trump 2.0 - What To Expect In Antitrust Enforcement

BakerHostetler on

In his return to the White House, President-elect Trump inherits an aggressive antitrust enforcement regime from the Biden administration – an enforcement regime that was born and developed in many respects during Trump’s...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Competition Crosshairs on the Food and Beverage Industry: DOJ and FTC Priorities in a Changing Administration - November...

Antitrust has taken center stage under the Biden Administration, and the Food and Beverage industry has been one of the main targets of increased enforcement by the Federal Trade Commission (“FTC”) and Department of Justice,...more

K&L Gates LLP

FTC Issues Final HSR Rules Transforming the Merger Review Process

K&L Gates LLP on

On 10 October 2024, the Federal Trade Commission (FTC) issued final changes to the rules implementing the Hart-Scott-Rodino Act (HSR). In announcing the final rule, the FTC stated that it is “responding to changes in...more

Brownstein Hyatt Farber Schreck

Regulators Finalize New Approach to Bank Mergers

On Sept. 17, 2024, the Federal Deposit Insurance Corporation (FDIC) Board met to finalize an updated approach to increase scrutiny of bank mergers, particularly those that would result in a bank with over $100 billion in...more

BakerHostetler

DOJ Withdraws 1995 Bank Merger Guidelines as FDIC, OCC Make Regulatory Changes

BakerHostetler on

On September 17, 2024, the Department of Justice Antitrust Division (DOJ) shut the vault doors on its 1995 Bank Merger Guidelines, leaving the 2023 Merger Guidelines as its sole authoritative statement on the topic of mergers...more

Sheppard Mullin Richter & Hampton LLP

U.S. Federal Antitrust Agencies Announce Cooperation Initiative with Labor Agencies in Merger Review

On August 28th, the Federal Trade Commission (the “FTC”) and the Department of Justice Antitrust Division (the “DOJ”) (the “Antitrust Agencies”), together with the Department of Labor (the “DOL”) and National Labor Relations...more

Epiq

Final HSR Filing Requirements Are Coming Soon: The Significant Data Implications

Epiq on

The wait for the final version of the revised Hart-Scott-Rodino (HSR) Filing Requirements is drawing to an end. At the ABA Antitrust Spring Meeting in Washington last week, Andrew Forman, a deputy assistant attorney general...more

K&L Gates LLP

OCC Proposes Changes to Merger Review Process

K&L Gates LLP on

Introduction - On 29 January 2024, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) regarding its review of Bank Merger Act (BMA) applications. The NPR was released immediately...more

Jones Day

OCC Proposal and Policy Statement on Bank Mergers Could Freeze the Banking Industry in Place

Jones Day on

The Situation: On January 29, 2024, the Office of the Comptroller of the Currency ("OCC") requested comment on a proposed rule updating its bank merger rules and incorporating a policy statement (the "Proposal") on agency...more

WilmerHale

Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

WilmerHale on

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more

Alston & Bird

Federal Antitrust Enforcers Publish 2023 Final Merger Guidelines: A Reflection of Heightened Enforcement

Alston & Bird on

Our Antitrust Team examines finalized guidelines from the Department of Justice and Federal Trade Commission that set forth more aggressive standards for horizontal and vertical M&A transactions....more

TransPerfect Legal

An Expert Look at the 2023 Merger Guidelines

TransPerfect Legal on

Last month, the United States Department of Justice (DOJ) and Federal Trade Commission (FTC) issued the 2023 Merger Guidelines, a draft of which was published in July. During TransPerfect Legal’s Antitrust Clearance & Merger...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

FTC and DOJ finalize new merger guidelines articulating expansive theories of enforcement

Hogan Lovells on

On December 18, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the Agencies”) released the 2023 Merger Guidelines (the Merger Guidelines). The substance of the new guidelines does not stray...more

Foley & Lardner LLP

2023 Update on Antitrust Enforcement in Labor and Employment

Foley & Lardner LLP on

The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the “Agencies”) in their efforts to expand antitrust enforcement to labor...more

Orrick, Herrington & Sutcliffe LLP

The Next Era of U.S. Merger Reviews: How the Process Is Likely to Change – and What You Can Do to Prepare

The Federal Trade Commission and Department of Justice Antitrust Division recently took two significant steps to overhaul merger reviews. Proposed changes to the Merger Guidelines that would push the envelope in certain...more

BCLP

Government Shutdown’s Impact on Antitrust Merger Review

BCLP on

With one day for Congress to enact appropriations funding federal government operations, the Federal Trade Commission and Department of Justice, Antitrust Division (the “Agencies”) each issued a contingency plan (the “Plans”)...more

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