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Mergers Merger Controls New Guidance

A&O Shearman

UK merger control to see faster reviews and clarified jurisdictional tests

A&O Shearman on

The Competition and Markets Authority (CMA) has launched a consultation on proposed changes to its mergers guidance on jurisdiction and procedure (CMA2) and its mergers notice template....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

Dorsey & Whitney LLP on

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

BakerHostetler

FTC and DOJ Jointly Publish Revised Merger Guidelines

BakerHostetler on

On Dec. 18, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued new merger guidelines (Guidelines), finalizing draft guidelines published in July and replacing the 2010 Horizontal Merger...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q3 2023

McDermott Will & Emery on

UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Revised Merger Assessment Guidelines Codify UK Interventionist Approach to Dynamic Markets

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output,...more

Latham & Watkins LLP

New Guidance on Article 22 EUMR Referrals to the European Commission

Latham & Watkins LLP on

The European Commission (EC) has published new guidance on the application of the referral mechanism set out in Article 22 of the EU merger regulation (EUMR) allowing for mergers falling below national merger thresholds to be...more

Akin Gump Strauss Hauer & Feld LLP

U.K. Competition & Markets Authority Publishes Important Brexit Guidance

In anticipation of the United Kingdom’s exit from the EU on December 31 (‘Brexit’), the Competition and Markets Authority (the ‘CMA’) published its guidance on the expected changes to U.K. competition law regime. The guidance...more

Perkins Coie

US DOJ and FTC Issue Vertical Merger Guidelines

Perkins Coie on

The U.S. Department of Justice and Federal Trade Commission on June 30, 2020, published in final form the agencies’ Vertical Merger Guidelines (Vertical Guidelines). They are designed to increase the transparency of the...more

King & Spalding

DOJ and FTC Issue Final Vertical Merger Review Guidelines

King & Spalding on

On Tuesday, June 30, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new Vertical Merger Guidelines (the “Guidelines”). Vertical mergers involve the combination of firms operating at...more

White & Case LLP

The CMA publishes new guidance on merger control in a time of COVID-19: business as usual?

White & Case LLP on

The CMA has published new guidance on its approach to merger assessments during the Coronavirus pandemic, confirming that it does not intend to change either merger control assessments or deadlines, despite the outbreak....more

Latham & Watkins LLP

CMA Issues New Guidance on Merger Assessment During COVID-19 Pandemic

Latham & Watkins LLP on

The guidance includes a refresher on “failing firm” defence claims, for which the CMA will maintain a high bar. On 22 April 2020 the UK’s Competition and Markets Authority (CMA) published guidance on its assessment of...more

Perkins Coie

US DOJ and FTC Propose Vertical Merger Guidelines

Perkins Coie on

The U.S. Department of Justice and U.S. Federal Trade Commission published proposed vertical merger guidelines (vertical guidelines) on January 10, 2020. These are designed to increase the transparency of the agencies'...more

King & Spalding

DOJ and FTC Release New Vertical Merger Review Guidelines for Public Comment

King & Spalding on

On Friday, January 10, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new guidelines for the agencies’ review of vertical mergers. Vertical mergers involve the combination of firms...more

White & Case LLP

Italian Competition Authority takes on digital players

White & Case LLP on

Setting the scene - The Italian Competition Authority ("ICA"), recently published a set of Guidelines and Policy recommendations relating to the Digital Sector ("Guidelines"), focusing on antitrust, privacy regulation and...more

McDermott Will & Emery

Antitrust M&A Snapshot - May 2019

McDermott Will & Emery on

UNITED STATES: JANUARY - MARCH 2019 UPDATE - In the first quarter of 2019, vertical merger enforcement continued to be a hot topic for the US antitrust agencies. The Court of Appeals upheld the district court’s decision in...more

Jones Day

Post-Order Merger Divestitures Likely to Face "Uphill" Battle with FTC

Jones Day on

New guidance from the Federal Trade Commission's ("FTC") staff describes the FTC's views on "post-order" divestitures and highlights the difficulties in persuading the FTC to abandon its preference for upfront buyers in...more

White & Case LLP

The CMA issues guidance on requests for internal documents in merger investigations

White & Case LLP on

Competition authorities around the world typically place considerable weight on parties' internal documents when assessing the potential effects of a merger. Such documents, many of which can pre-date the companies' decision...more

Latham & Watkins LLP

Germany and Austria Release Guidance on New Size-of-Transaction Test in Merger Control

Latham & Watkins LLP on

Final joint guidance on new transaction value threshold published. The German Federal Cartel Office (FCO) and the Austrian Federal Competition Authority (FCA) have released a joint guidance paper (Guidance Paper)...more

Sheppard Mullin Richter & Hampton LLP

New Lower UK Thresholds for Scrutiny of Mergers Affecting National Security

Following the publication and consultation on a green paper earlier this year the UK Government has now published new takeover rules, adding new thresholds to the relevant provisions of the UK Enterprise Act giving the...more

Jones Day

UK Changes Merger Control Regime for Foreign Takeovers

Jones Day on

The Situation: New legislation came into force on 11 June 2018, allowing the UK Government to scrutinise a wider range of mergers that may raise public interest or national security issues. The Context: This is the outcome...more

WilmerHale

Senior EU Court Adviser Provides Welcome Guidance on Gun-Jumping

WilmerHale on

EU and US laws prohibit merging companies from implementing reportable transactions until their deal is cleared or the statutory waiting period has expired. Violations of this principle are colloquially known as “gun-jumping”...more

BCLP

CMA’s new guidelines give clarity for smaller and non-overlapping mergers

BCLP on

On 5 September 2017, the CMA released new guidance regarding its Mergers Intelligence Function and the informal guidance it can give parties who are considering whether to submit their merger for formal deliberation by the...more

BCLP

New Guidelines on Small Market Mergers sees CMA Set to Clear Larger Number of Transactions

BCLP on

The CMA published on 16th June its final version of its Merger De Minimis Guidelines following earlier consultation with stakeholders. The Guidelines set out the criteria which the CMA will have regard to when exercising its...more

Jones Day

German Federal Cartel Office (Bundeskartellamt) Publishes Merger Remedies Guidance

Jones Day on

The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control...more

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