News & Analysis as of

Section 7 Mergers

Stevens & Lee

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

Stevens & Lee on

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

Husch Blackwell LLP

Legal Insights for Manufacturing: Outlook for 2024

Husch Blackwell LLP on

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report...more

BakerHostetler

UPDATE: Are Hospital Acquisitions with COPA Authorization Exempt from HSR Premerger Notification?

BakerHostetler on

In my earlier post in the Antitrust Advocate Blog, I noted recent setbacks that the Federal Trade Commission has experienced with respect to its regulatory authority. I then asked whether the FTC would suffer another...more

Patterson Belknap Webb & Tyler LLP

Microsoft and Activision: Where Things Stand

Since the announcement of a proposed merger between Microsoft and Activision Blizzard, Inc. (“Activision”) in February 2022, enforcement agencies worldwide have adopted a spectrum of positions in response. The EU Commission...more

Patterson Belknap Webb & Tyler LLP

DOJ Loses Again on Challenge to U.S. Sugar-Imperial Sugar Deal

On July 13, 2023, the U.S. Court of Appeals for the Third Circuit declined to block the $315 million purchase of Imperial Sugar Company (“Imperial”) by United States Sugar Corporation (“U.S. Sugar”), rejecting the Department...more

Holland & Knight LLP

Revised Merger Guidelines Would Expand Reviews and Limit Combinations

Holland & Knight LLP on

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) on July 19, 2023, jointly announced the release of proposed Merger Guidelines that would expand significantly the number and types of transactions...more

Jenner & Block

Recent US Antitrust M&A Developments - February 2023

Jenner & Block on

Aggressive merger enforcement continued through the end of 2022, with the agencies having mixed results in the courts. With several high-profile investigations still pending, the expectation is for aggressive enforcement to...more

Latham & Watkins LLP

US Federal Judge: Efficiencies Analysis Inadmissible in Antitrust Merger Trial

Latham & Watkins LLP on

A recent US federal district court ruling finding a defendant’s evidence of cost savings inadmissible could change how efficiencies evidence is presented in merger cases. A US federal district court ruling last month has...more

BCLP

New Antitrust Bills Highlight Continued Big Tech Scrutiny

BCLP on

2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more

Pierce Atwood LLP

Two New Court Decisions Bookend Antitrust Risks for Integrated Hospitals

Pierce Atwood LLP on

A Florida federal court recently denied summary judgment to an integrated hospital system hoping to exit a multicount antitrust and unfair trade lawsuit. Four days later, the Third Circuit Court of Appeals upheld summary...more

Dorsey & Whitney LLP

Ninth Circuit Affirms FTC’s Challenge to Provider Acquisition as Anticompetitive Despite Defense that the Transaction’s Goals...

Dorsey & Whitney LLP on

Competitive effects still matter in healthcare mergers, even in the face of a transaction’s claimed improvements in patient outcomes through integrated care and risk-based reimbursement consistent with the goals of the...more

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