News & Analysis as of

Preliminary Injunctions Mergers

A&O Shearman

United States District Court Rejects FTC’s Attempt To Block Tempur Sealy And Mattress Firm Vertical Merger

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On January 31, 2025, the United States District Court for the Southern District of Texas denied the Federal Trade Commission’s (FTC) motion for a preliminary injunction to block the $4 billion acquisition of Mattress Firm by...more

Axinn, Veltrop & Harkrider LLP

A Vertical Merger in a “Horizontal” Market: Court Rejects FTC’s Challenge to Tempur Sealy’s Acquisition of Mattress Firm

On January 31, 2025, the U.S. District Court for the Southern District of Texas denied the Federal Trade Commission’s request for a preliminary injunction to block Tempur Sealy’s (the world’s largest mattress manufacturer)...more

Wilson Sonsini Goodrich & Rosati

FTC's Bid to Stop Mattress Merger Put to Rest

The Federal Trade Commission’s (FTC’s) failure to obtain a preliminary injunction to block Tempur Sealy’s $4 billion proposed acquisition of Mattress Firm is yet another loss in a string of failed vertical challenges by the...more

King & Spalding

Court Grants Injunction to Pause Handbag Merger

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On Thursday, October 24, 2024, a New York federal judge granted the Federal Trade Commission’s request for a preliminary injunction to halt the merger between Tapestry Inc. and Capri Holdings Ltd. The court held that the...more

Holland & Knight LLP

FTC Bags Preliminary Injunction in Challenge to "Affordable Luxury" Handbag Merger

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The Federal Trade Commission (FTC) prevailed in the first round of its much-criticized challenge to Tapestry Inc.'s acquisition of Capri Holdings Limited. Tapestry owns the Coach brand, and Capri owns the Michael Kors and...more

Morrison & Foerster LLP

Tapestry/Capri Handbag Merger Temporarily Halted by S.D.N.Y.

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On October 24, 2024, Judge Rochon of the U.S. District Court for the Southern District of New York granted the Federal Trade Commission’s (FTC) motion for a preliminary injunction to prevent Tapestry, Inc. (“Tapestry”) from...more

Axinn, Veltrop & Harkrider LLP

Did the Supreme Court Just Make It Harder for the FTC to Block Mergers?

For most litigated mergers, the preliminary injunction hearing is decisive: if the FTC or DOJ obtains a preliminary injunction, parties frequently abandon the deal before the case is fully litigated on the merits, and...more

Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

BakerHostetler

Another Setback for the FTC in Microsoft and Activision Blizzard Proposed Merger

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This past Tuesday, July 11, a federal judge ruled against the Federal Trade Commission’s (FTC) request to the District Court of Northern California to issue a preliminary injunction against Microsoft’s proposed $69 billion...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

Bradley Arant Boult Cummings LLP

Is There a Legal Duty to Deal with Competitors? Sixth Circuit Antitrust Opinion Examines ProMedica’s Termination of Rival Hospital...

The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc. addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal...more

Cozen O'Connor

Rhode Island Attorney General and FTC Team Up to Block Merger of Healthcare Systems

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Rhode Island AG Peter Neronha issued a decision pursuant to his authority under Rhode Island’s Hospitals Conversions Act denying a proposed merger between healthcare systems Lifespan Corporation and Care New England Health...more

Hogan Lovells

Hollywood Firefighters’ Pension Fund v. Malone: Award of attorneys’ fees as corporate benefit - Quarterly Corporate / M&A...

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In Hollywood Firefighters’ Pension Fund v. Malone Inc., C.A. No. 2020-0880-SG (Del. Ch. Nov. 18, 2021), the Delaware Court of Chancery awarded a US$9.35 million mootness fee on the ground that a preliminary injunction...more

Hogan Lovells

FTC’s preliminary injunction win in hospital merger shows importance of deal and planning documents

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On 4 August 2021, the District Court of New Jersey granted the Federal Trade Commission’s (FTC) motion for preliminary injunction, preventing Hackensack Meridian Health (HMH) and Englewood Healthcare (Englewood) from closing...more

McDermott Will & Emery

Special Report - Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws

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President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more

Lowenstein Sandler LLP

FTC's Drop Of Illumina-Grail Merger Case Raises Uncertainty

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A federal judge recently dismissed the Federal Trade Commission's challenge of Illumina Inc.'s acquisition of Grail Inc., a cancer-screening firm started and spun off years earlier by Illumina itself. A victory for the...more

Wilson Sonsini Goodrich & Rosati

Distribution Merger Challenges at the FTC

In recent years, the Federal Trade Commission (FTC) has launched significant investigations into mergers between distributors, with the merging parties resolving the FTC’s concerns through consent, by abandoning the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights: The Delaware Edition - November 2019

This issue focuses on important, developing areas of Delaware corporation law and deal litigation, including recent trends in Delaware corporate disclosure law, the Delaware Supreme Court’s important ruling in Marchand v....more

Bracewell LLP

Appellate Court Affirms Decision to Block Medical Merger

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The U.S. Court of Appeals for the Eighth Circuit recently affirmed a district court’s issuance of a preliminary injunction to block the proposed merger of two North Dakota healthcare providers, Sanford Health/Sanford Bismarck...more

King & Spalding

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

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On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

Dechert LLP

DAMITT Q3 2018: U.S. Antitrust Agencies Announce Merger Review Reforms in Response to DAMITT Findings Number and Duration of...

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Citing findings from the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) that have demonstrated a marked increase in the duration of significant merger investigations in recent years, DOJ Assistant Attorney...more

Epstein Becker & Green

What to Expect When the FTC Wins a Request for a Preliminary Injunction

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As noted last week, the Federal Trade Commission (“FTC”) may challenge conduct when it has “reason to believe” that a violation of the laws that the FTC enforces has occurred. When challenging mergers, the FTC files an...more

A&O Shearman

Clouded Picture: Xerox CEO Resigns Following Decision by NY Court to Temporarily Halt Proposed Merger With Fujifilm

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On Friday, April 27, 2018, New York State Supreme Court Judge Barry R. Ostrager granted a preliminary injunction which blocked Xerox Corporation’s (“Xerox”) potential transaction with Fujifilm Holdings Corporation (“Fuji”)...more

Jones Day

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

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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

King & Spalding

FTC Wins Provider Merger Challenge in District Court

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On December 13, 2017, a federal district court issued an order preliminarily enjoining the merger of North Dakota healthcare providers, Sanford Health, Sanford Bismarck, (Sanford) and Mid Dakota Clinic, P.C. (MDC). The order...more

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