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Mergers Competition Vertical Mergers

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

Stevens & Lee

Analysis: How the FTC and DOJ Final Merger Guidelines Impact on Health Care System Mergers

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In prior posts, we discussed the draft, updated merger guidelines that had been issued by the Federal Trade Commission and the Department of Justice (sometimes referred to as the “Agencies”) in July of last year. At that...more

A&O Shearman

Antitrust in focus - January 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Noah Brumfield, partner based in Washington, D.C. and Silicon Valley, is our editor this month. He has selected: ...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

Faegre Drinker Biddle & Reath LLP

Final Merger Guidelines Will Result in Increased Scrutiny for M&A Deals

On December 18, 2023, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly announced the issuance of the final version of new Merger Guidelines, after publishing a draft in July 2023. We previously...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

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

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...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

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

Jenner & Block

DOJ and FTC Submit Draft Updated Merger Guideline

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On July 19, 2023, the U.S. Department of Justice and Federal Trade Commission released a draft update of the Merger Guidelines and invited public comments. If adopted, the Proposed Guidelines would represent a substantial...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

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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

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

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: New Proposed Merger Guidelines Reflect DOJ and FTC’s Anti-merger Policy, Signal Continued Aggressive...

The U.S. Department of Justice, Antitrust Division (DOJ), and the Federal Trade Commission (FTC) (and together, the “Agencies”) have released long-anticipated draft merger guidelines (the “2023 Draft Guidelines”) that...more

Morrison & Foerster LLP

DOJ and FTC Release Draft of New Merger Guidelines

The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have...more

Vedder Price

DOJ and FTC Propose Draft Revised Merger Guidelines

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On July 19, 2023, the Federal Trade Commission (FTC) and Department of Justice (DOJ) released for comment proposed joint merger guidelines which seek to replace the agencies’ vertical merger guidelines released in 2020 and...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

McGuireWoods LLP

FTC and DOJ Release Draft Updates to Horizontal and Vertical Merger Guidelines

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On July 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released draft updates to their merger guidelines that reflect considerable shifts in how the DOJ and FTC review horizontal and...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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