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Mergers Blocked Mergers

Bradley Arant Boult Cummings LLP

FTC Suing to Block Albertsons/Kroger Merger

The Federal Trade Commission (FTC) is suing to block the proposed $24.6 billion merger between supermarket giants Kroger and ACI, the parent company of Albertsons and Safeway, among other brands. The FTC has initiated two...more

Epstein Becker & Green

FTC Chairwoman Defends Agency’s Enforcement Record

Epstein Becker & Green on

Federal Trade Commission (FTC) Chairwoman Lina Khan defended the agency’s merger enforcement record while responding to an inquiry from a member of Congress in a November 3, 2023, letter....more

Wilson Sonsini Goodrich & Rosati

DOJ Files Emergency Preliminary Injunction Motion Against Booz Allen and EverWatch Merger

On July 8, 2022, the U.S. Department of Justice (DOJ) filed a motion for an emergency preliminary injunction to abrogate Booz Allen Hamilton Holding Corporation's (Booz Allen's) merger agreement with EverWatch Corp....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

AON-Willis Tower Watson Merger is Kaput

The proposed merger of Aon and Willis Towers Watson (WTW) has been terminated....more

White & Case LLP

Taiwan in the changing global landscape - Adversarial capital and COVID-19 converge to expand FDI regimes – Watch this space!

White & Case LLP on

Already burgeoning, foreign direct investment regulations worldwide are bulking up still more in response to emerging threats. Over the past few years, countries around the globe have started to either implement or ratchet...more

Jones Day

EU Court Raises Bar for Commission to Block Certain Mergers

Jones Day on

The EU General Court ruled that the Commission must demonstrate with a "strong probability" that the effect on competition is "significant" to block a merger that does not create a dominant company. In a rare judgment, the...more

White & Case LLP

A wake up call from Luxembourg?

White & Case LLP on

Four years after the European Commission (“EC”) thwarted Hutchison’s attempt to consolidate the UK mobile telecoms market through its planned acquisition of O2, the General Court yesterday dealt a crushing blow to the...more

White & Case LLP

COVID-19 Foreign Direct Investment (FDI) – An Overview of Restrictions in Western Europe and the CEE

White & Case LLP on

Prior to the outbreak of the COVID-19 pandemic, there had been a growing and global trend of established Western economies increasingly scrutinising foreign investment in key sectors. FDI restrictions have been on the...more

Dechert LLP

Lessons Learned from Sabre/Farelogix and Evonik/PeroxyChem

Dechert LLP on

On April 8, 2020, Judge Leonard Stark of the U.S. District Court for the District of Delaware denied an injunction requested by the Antitrust Division of the U.S. Department of Justice (“DOJ”) to block Sabre Corp.’s $360...more

White & Case LLP

To Litigate, or to Arbitrate: DOJ Reveals Shiny New Tool in Merger Toolbox

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DOJ Antitrust Division successfully uses private-style arbitration for first time to block a merger, and force a divestiture as a condition to closing.1 DOJ’s novel use of arbitration to resolve liability in a merger case has...more

Perkins Coie

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

Perkins Coie on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Appeal Tribunal Sets Deferential Standard for CMA Merger Control Review

A recent decision by the Competition Appeal Tribunal (CAT), Tobii AB (publ) v. Competition and Markets Authority, confirms a deferential standard for the U.K. Competition and Markets Authority (CMA) in its merger...more

Dechert LLP

DAMITT 2019 Year in Review: U.S. and EU merger review durations set records; Brexit in sight; DOJ vs. FTC trends

Dechert LLP on

Fast Facts - United States - - The DOJ and FTC concluded 26 significant U.S. merger investigations in 2019 – similar to the level of activity from 2011-2014 under the Obama administration but trailing the activity...more

Dechert LLP

DAMITT Q3 2019: Trump administration efforts to block mergers nears record; EU divestitures increasingly require preapproved...

Dechert LLP on

Fast Facts - United States - - The Trump administration’s efforts to block mergers near record, with 5 significant investigations resulting in complaints in 2019 YTD. - The number of significant antitrust merger...more

King & Spalding

Eighth Circuit Upholds Preliminary Injunction Against Proposed Merger Between Two Major North Dakota Healthcare Providers

King & Spalding on

On June 13, 2019, Eighth Circuit Judge Steven M. Colloton wrote on behalf of a three-judge panel confirming a December 2017 injunction that prohibits Sanford Health and its subsidiary Sanford Bismarck from acquiring Mid...more

McDermott Will & Emery

EU Court of Justice Confirms Annulment of Commission Prohibition Decision Due to a Procedural Irregularity

McDermott Will & Emery on

On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the...more

White & Case LLP

Peak performance: US M&A in 2018: Confidence, cash and tax cuts: The US M&A landscape in 2018

White & Case LLP on

The US M&A market delivered another year of strong performance in 2018. Though deal volume dipped 2 percent year-on-year to 5,682 deals, deal value was up by 15 percent over the period, to US$1.5 trillion - A number of...more

Jones Day

Economic Evidence in Merger Review: EU's Highest Court Clarifies Rights of Defense

Jones Day on

The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS's rights of defense when it failed to provide UPS with the final economic model used in its decision to...more

Hogan Lovells

Good things don't always come in small packages for the European Commission: Advocate General Kokott delivers her Opinion on the...

Hogan Lovells on

On 25 July 2018, Advocate General Kokott proposed that the EU Court of Justice validate the annulment by the EU General Court of the European Commission’s 2013 prohibition decision of UPS's planned acquisition of its...more

Dechert LLP

Mergers and Takeovers: UK Strengthens National Security Scrutiny

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The UK government has widened the circumstances in which it may block mergers and takeovers of businesses in the military, dual-use, computing hardware and quantum technology sectors. Further strengthening of the UK rules is...more

Jones Day

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

Jones Day on

The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

Foley & Lardner LLP

Trump Administration’s Clashes with China on Trade and Investment Demonstrate Importance of Vetting International Trade and...

Foley & Lardner LLP on

If private equity and other investors were not aware of the power of the secretive Committee on Foreign Investment in the United States (CFIUS, or the Committee), its decision to reach out and quash the potential...more

Skadden, Arps, Slate, Meagher & Flom LLP

Analysis of Executive Order Prohibiting Broadcom’s Acquisition of Qualcomm

President Donald Trump’s recent executive order blocking Broadcom Limited’s acquisition of chipmaker Qualcomm, Inc. (the Order) is the latest in a series of significant actions and statements regarding the national security...more

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