News & Analysis as of

Preliminary Injunctions Mergers The Clayton Act

A&O Shearman

Ninth Circuit Rules In Favor Of Merging Parties In Microsoft/Activision Appeal

A&O Shearman on

On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...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

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

Goodwin

FTC Blocks Staples’ Acquisition of Office Depot

Goodwin on

After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more

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