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Mergers Divestiture

Ankura

Valuing Legal Entities as Part of a Legal Entity Rationalization – Key Aspects

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24 In this article, we delve into the intricacies of valuing individual legal entities as part of a legal entity rationalization, exploring some of the key considerations that must be considered to prepare a robust and...more

Akin Gump Strauss Hauer & Feld LLP

The Road Ahead for Private Equity: Reflections and Predictions

The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more

Vinson & Elkins LLP

2023 Chemicals & Energy Antitrust Report

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For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

Foley & Lardner LLP

2024 Predictions: Unveiling the future of healthcare mergers and acquisitions

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Today, a tale of two markets are seen in healthcare mergers and acquisition (M&A): the present (as reflected in the data about declining dealmaking) and the future (reflected in the increasingly positive outlook by...more

WilmerHale

Unprecedented European Commission Order to Unwind an Acquisition

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On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...more

Beveridge & Diamond PC

Key Considerations for Environmental Transactions: Seeing the Forest and Not Just the Trees

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Corporate mergers, asset acquisitions, and divestitures often include a variety of environmental components or considerations – some of which can be nuanced – that can affect and can be affected by other non-environmental...more

Torres Trade Law, PLLC

ITAR Material Change Reference Guide

Any person or company in the United States that manufactures, exports, temporarily imports, or brokers items, including technical data and software (defense articles), or performs certain services (defense services) that are...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2023 - Driving You MAD - Customs Issues in Mergers Acquisitions & Divestitures

Let’s say you work in Customs Compliance at Shark Company. You learn that your company is purchasing Shrimp Company. Do you have any concerns? Will there be work to do? Yes, and yes! Buying Another Company- When one...more

Holland & Knight LLP

Private Equity Under the Microscope: Taking Stock of the Antitrust Enforcement Environment

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The Biden Administration's aggressive antitrust enforcers have trained their sights on private equity companies. They have signaled through enforcement activities, formal policy statements and informal interviews and speeches...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

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In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Opportune LLP

Q&A: The State Of Oil & Gas M&A Activity & What To Expect In 2023

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The current landscape of M&A and A&D dealmaking in the U.S. oil and gas industry looks a lot different than what it did in the 2015-2019 period. During the pandemic, commodity prices sank to historically low levels (WTI crude...more

Skadden, Arps, Slate, Meagher & Flom LLP

Boards and M&A: Playing, and Winning, the Game of Regulatory Risk

Takeaways - With increasingly aggressive antitrust and foreign investment reviews, directors need to be fully informed about the risks of deals from the beginning of negotiations. Boards should insist that management and its...more

Williams Mullen

Change Can Be Hard: Will the DOJ Antitrust Division’s Loss of Its UnitedHealth/Change Merger Challenge Cause It To Reassess Its...

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​​​​​​​Earlier this year, Assistant Attorney General Jonathan Kanter, who leads the Department of Justice’s (DOJ) Antitrust Division, announced that the Antitrust Division would eschew settlements in merger challenges in...more

White & Case LLP

Private equity firms battle headwinds in H1

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In line with overall M&A activity, US PE dealmaking in H1 lagged behind 2021 in terms of both value and volume. Total deal value of US$415 billion during the first half of the year represents a 28 percent fall...more

Venable LLP

FTC Joins Forces with NLRB to Further Its Gig Economy and Worker Protection Agenda

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We recently discussed the various ways in which the Federal Trade Commission is focusing on worker protections in the gig economy. Though we didn’t have a crystal ball to foresee it, the FTC announced that it is furthering...more

Goodwin

Antitrust + Competition Life Sciences Quarterly Update - Q1 2022

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Despite the aggressive rhetoric, the change in the leadership and composition at the U.S. Federal Trade Commission (FTC) did not result in more enforcement in 2021. As the calendar turned to 2022, the FTC seems to be stepping...more

Miller Nash LLP

Today in Tax: Spin-off Structures in Mergers & Acquisitions

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Brief commentary on the past week’s cases, rulings, notices, and related federal tax guidance. Corporations Permitted to Rely on Public Shareholder Data to Confirm Qualification for Tax-Free Spin-off and Subsequent Merger...more

WilmerHale

We Didn’t Like Your Merger, So Please Come Back: FTC Issues New Prior Approval Policy for Challenged and Aborted M&A Transactions

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The US Federal Trade Commission (FTC or Commission) has announced a new policy to dramatically expand its use of prior approval orders in merger transactions. On October 25, the FTC issued a policy statement (Statement) under...more

Hogan Lovells

FTC establishes broad policy to require prior approval provisions in all merger divestiture orders

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On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more

White & Case LLP

Private equity carve-outs ride post-COVID wave

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PE investors stand ready to fund spinoffs of non-core assets as companies refocus for the recovery - Last spring, Dell spun off its cloud computing business, VMWare, in a deal valued at nearly US$63 billion, with the equity...more

K&L Gates LLP

The 4th Circuit Affirms Groundbreaking Divestiture Order in Private Clayton Act Suit Challenging Completed Merger

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The 4th Circuit’s decision in Steves and Sons Inc. v. JELD-WEN Inc. affirmed a district court’s order compelling an acquirer to divest the business of a competitor, which the court held had been acquired in violation of...more

BCLP

A New Wrinkle in Antitrust Litigation - Private Plaintiff Forces Divestiture

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On February 18, 2021, the Fourth Circuit Court of Appeals upheld a district court’s ground-breaking order requiring divestiture several years after a completed merger. With hindsight, the merger was found to be...more

WilmerHale

Fourth Circuit Affirms First-Ever Decision Requiring Divestiture in Private Antitrust Case

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On February 18, the Fourth Circuit affirmed a district court decision ordering a divestiture in a private merger challenge. Although the FTC and DOJ have successfully challenged a few closed transactions, the Jeld-Wen...more

Mintz - Antitrust Viewpoints

Fourth Circuit Affirms District Court’s First-of-Its-Kind Divestiture Order in Private Merger Challenge

On February 18, 2021, the United States Court of Appeals for the Fourth Circuit upheld the divestiture order issued by the U.S. District Court for the Eastern District of Virginia in a private merger challenge brought by...more

Foley Hoag LLP

Court of Appeals Affirms Divestiture from a Consummated Merger in First-of-Its-Kind Private Antitrust Challenge

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On February 18, 2021, the Fourth Circuit upheld a District Court’s first-of-its-kind divestiture order against Jeld-Wen Inc., which was seeking to overturn the lower court’s 2018 order requiring Jeld-Wen to spin off a factory...more

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