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Goodwin

Antitrust and Competition Life Sciences Quarterly Update Q2 2024

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To date, 2024 has not yet seen the type of mega-merger (Pfizer/Seagen) or level of agency enforcement (Sanofi/Maze or Amgen/Horizon) as 2023. But two notable investigations — one still active — show the Federal Trade...more

A&O Shearman

Federal Trade Commission Unanimously Votes To Block Vertical Mattress Merger

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After a 5-0 vote, on July 2, 2024, the U.S. Federal Trade Commission sought to block mattress manufacturer (the “Manufacturer”) contemplated $4 billion acquisition of a mattress retailer (“Retailer”) by filing both an...more

Patterson Belknap Webb & Tyler LLP

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more

Fenwick & West LLP

4 Antitrust Enforcement Trends for 2024

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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

Bass, Berry & Sims PLC

New Merger Guidelines Unveiled, Broadening Scrutiny and Impact on Business Transactions

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On December 18, 2023, the Department of Justice and the Federal Trade Commission (Agencies) issued the 2023 Merger Guidelines, which replace the Agencies’ 2010 Horizontal Merger Guidelines and the 2020 Vertical Merger...more

Cooley LLP

What Dealmakers Need to Know

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As a capstone on the Biden administration’s aggressive 2023 antitrust enforcement, the Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued revised Merger Guidelines before the holidays, replacing the...more

Locke Lord LLP

The Federal Trade Commission and ‎Justice Department Release Final 2023 Merger Guidelines

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The Federal Trade Commission and the Justice Department jointly issued the 2023 Merger Guidelines on December 18, 2023, which describe the factors and frameworks the agencies will utilize when reviewing mergers and...more

TransPerfect Legal

An Expert Look at the 2023 Merger Guidelines

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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

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: With Final 2023 Merger Guidelines, DOJ and FTC Formalize Aggressive Merger Enforcement Policy

What You Need to Know- •The final 2023 Merger Guidelines are structured around 11 guidelines outlining the Agencies’ approach to merger enforcement. •Together with the massive changes to the HSR form proposed in June...more

Bracewell LLP

DOJ and FTC Finalize New Merger Guidelines

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On December 18, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued the final version of new merger review guidelines (Merger Guidelines), five months after the agencies published a draft for...more

Dechert LLP

U.S. Antitrust Agencies Finalize New Merger Guidelines Intended to Reinvigorate Merger Enforcement

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The Merger Guidelines lower the market concentration threshold for the presumption that a merger is illegal. Deals that place combined market shares above 30 percent with a significant increase in concentration are...more

WilmerHale

FTC and DOJ Release New Merger Guidelines

WilmerHale on

On December 18, 2023, the Federal Trade Commission and the Department of Justice jointly released their final Merger Guidelines. The Guidelines “identify the procedures and enforcement practices [the agencies] most often use...more

Dorsey & Whitney LLP

Back to the Future: 2023 Merger Guidelines Reach into History to Support Enlarged Antitrust Enforcement Agenda

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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

McGuireWoods LLP

DOJ and FTC Issue New Merger Guidelines

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On Dec. 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued new Merger Guidelines that explain how both agencies will analyze whether potential transactions may violate the antitrust...more

King & Spalding

FTC and DOJ Issue New Merger Guidelines

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On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

Sheppard Mullin Richter & Hampton LLP

The Wait is Over: DOJ and FTC Issue Final Merger Guidelines

On December 18, 2023, the Federal Trade Commission and Department of Justice (the “Agencies”) jointly issued Final Merger Guidelines, following a public comment period on the Proposed Merger Guidelines first issued in July....more

Cornerstone Research

The Popular Perspective on Merger Enforcement: Statistical Analysis of Public Comments

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On January 18, 2022, the FTC and DOJ (the “agencies”) issued a joint request for information (RFI) asking for comments on how they should update their approach to merger enforcement. Similar to past RFIs, a variety of...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

Goodwin

Antitrust & Competition Technology Quarterly Update - Q2 2023

Goodwin on

Antitrust enforcers remained active across the globe, with the announcement by the FTC and DOJ of proposed guidelines that have an emphasis on tech mergers in the United States, and several investigations of major tech deals...more

Alston & Bird

Federal Antitrust Enforcers Release Long-Awaited Draft Merger Guidelines

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Our Antitrust and Mergers & Acquisitions Groups review how new draft guidelines for antitrust reviews of mergers & acquisitions embody significant changes to enforcement policy, with major implications for many companies’...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

Troutman Pepper

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

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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

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

Cooley LLP

Draft Revised Merger Guidelines Foreshadow More Aggressive Antitrust Enforcement

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On July 19, 2023, the US Department of Justice and Federal Trade Commission released draft revised merger guidelines in an effort to support the Biden administration’s aggressive antitrust enforcement agenda....more

Epstein Becker & Green

Additional Withdrawals of Long-Standing Guidance and Newly Proposed Merger Guidelines

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On July 14, 2023, signaling a continuing shift in its position on antitrust issues, the Federal Trade Commission (FTC) followed the U.S. Department of Justice (DOJ) and withdrew the Statements of Antitrust Enforcement Policy...more

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