News & Analysis as of

Vertical Mergers Biden Administration

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

Hogan Lovells

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

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It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

King & Spalding

FTC and DOJ Announce New Draft Merger Guidelines

King & Spalding on

vOn July 19, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), released draft merger guidelines for public...more

Latham & Watkins LLP

The DOJ and FTC Draft Merger Guidelines: Key Takeaways

Latham & Watkins LLP on

The draft guidelines for applying US antitrust laws to merger investigations depart from prior guidance and seek to roll back decades of legal precedent on merger enforcement. Competitive effects analyses are out;...more

Eversheds Sutherland (US) LLP

Greater scrutiny of proposed mergers anticipated under new FTC and DOJ guidelines

Last week the Department of Justice and Federal Trade Commission (Antitrust Agencies) jointly released a draft of their long-awaited revised Merger Guidelines, which reflect the Biden Administration’s ramped up merger...more

Mintz - Antitrust Viewpoints

In with the Old, Out with the New: DOJ and FTC Issue Much-Anticipated Draft Merger Guidelines

On July 19, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published Draft Merger Guidelines. The Draft Merger Guidelines, if adopted, would replace both the...more

McDermott Will & Emery

Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement

McDermott Will & Emery on

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023. The Proposed...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

Goodwin on

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

Skadden, Arps, Slate, Meagher & Flom LLP

US and EU Regulators Increase Scrutiny of Vertical Mergers

US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more

BakerHostetler

DOJ’s Kanter: New Merger Guidelines to Address Enforcement’s ‘Disconnect’ with Court Precedent and Market Realities

BakerHostetler on

​​​​​​​On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his...more

Morrison & Foerster LLP

New Merger Guidelines – What Clues Can We Learn from the Public Comments?

The Biden Administration intends to reshape merger enforcement as part of its broader initiative to change U.S. antitrust law. In keeping with the Administration’s goals, the Federal Trade Commission (FTC) and the Department...more

Foley & Lardner LLP

Threats of Antitrust Enforcement in the Supply Chain

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With steep inflation and seemingly constant disruptions in supply chains for all manner of goods, the Biden Administration has turned increasingly to antitrust authorities to tame price increases and stem future bottlenecks....more

Dorsey & Whitney LLP

American Health Law Association 2022 Health Care Transaction Conference

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After a 2-year hiatus, health care transactional attorneys and related industry professionals descended upon Nashville, TN April 25th - 27th for the 2022 American Health Law Association (“AHLA”) Health Care Transactions...more

Foley & Lardner LLP

Top Legal Issues Facing the Automotive Industry in 2022

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In 2022, automotive suppliers face many of the same issues that have bedeviled the industry throughout 2021, as well as a host of all-new challenges. Unfortunately, as with many aspects of pre-pandemic life, the relative...more

McDermott Will & Emery

Antitrust M&A Snapshot - October 2021 Q3

McDermott Will & Emery on

JULY – SEPTEMBER 2021: HIGHLIGHTS - UNITED STATES - • The US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of...more

McDermott Will & Emery

Key Takeaways | The Latest Merger Control Developments under the Biden Administration

McDermott Will & Emery on

The Biden administration has placed an emphasis on antitrust enforcement that will create meaningful implications for future transactions, as well as those already consummated. In this webinar, hosted by McDermott Will &...more

Kelley Drye & Warren LLP

Merger Enforcement in the Biden Administration

Kelley Drye & Warren LLP on

The FTC has issued several statements recently that have confused the market and bar as to what its merger enforcement posture will be. Among others, the FTC has suspended early terminations; has sent letters to parties after...more

McDermott Will & Emery

[Webinar] The Future of the Energy Transition: The Latest Merger Control Developments under the Biden Administration - October...

McDermott Will & Emery on

As part of our Energy Transition webinar series, McDermott partner Kevin Brophy will moderate a discussion on October 13 between partner Lesli Esposito and associate Matt Evola on new merger control developments made under...more

Foley & Lardner LLP

A Divided FTC Approves Omnibus Resolutions to Step Up Enforcement Actions and Votes to Withdraw the 2020 Vertical Merger...

Foley & Lardner LLP on

Last week saw two notable competition-related developments from the Federal Trade Commission (FTC). The first relates to the FTC’s approval of eight new compulsory process resolutions in high-priority areas. The second...more

Hogan Lovells

FTC Votes to Rescind 2020 Vertical Merger Guidelines

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On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines...more

BCLP

Elevating Antitrust Issues: President Biden’s New Executive Order

BCLP on

During an already busy year for antitrust legislative and regulatory proposals, on July 9, 2021, President Biden issued Executive Order 14036: “Promoting Competition in the American Economy.” The Executive Order (“EO”)...more

Troutman Pepper

Executive Order Throws Down the Gauntlet for a New Era of Antitrust Enforcement

Troutman Pepper on

On July 9, President Biden signed an executive order on promoting competition in the American economy, listing broad priorities for antitrust enforcement. In conjunction with this order, the Federal Trade Commission (FTC) and...more

Epstein Becker & Green

Biden Issues Executive Order Promoting Competition

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On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy (the “EO”). The EO casts a wide net, encompassing many industries, including health care....more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

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On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

McGuireWoods LLP

Biden Signs Sweeping Executive Order Designed to Expand Antitrust Regulation and Increase Enforcement

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On July 9, 2021 President Biden signed a sweeping executive order aimed at promoting competition in the United States by calling on federal agencies to promptly address what the administration views as “some of the most...more

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