News & Analysis as of

Vertical Mergers Divestiture

Epstein Becker & Green

FTC Commissioners Question Use of Divestiture as an Effective Merger Remedy

Epstein Becker & Green on

Divestiture has long been considered an appropriate and effective remedy for anticompetitive horizontal mergers. The Federal Trade Commission (“FTC”), as reflected in the Statement of the Bureau of Competition entitled...more

Foley Hoag LLP

Department of Justice’s Revised Merger Remedies Manual Reflects Preference for Divestitures

Foley Hoag LLP on

On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division released a revised Merger Remedies Manual. This revised manual is the culmination of a review by the Antitrust Division of its entire approach to...more

Skadden, Arps, Slate, Meagher & Flom LLP

New DOJ Merger Remedies Manual: Preference for Structural Remedies and Private Equity Buyers

On September 3, 2020, the Department of Justice's Antitrust Division (the DOJ) issued its new Merger Remedies Manual (the Manual), which provides the framework the DOJ will utilize going forward to implement relief in mergers...more

Cooley LLP

Alert: DOJ Issues Merger Remedies Manual, Aims to Step Up Enforcement of Consent Decrees

Cooley LLP on

The US Department of Justice Antitrust Division issued a new Merger Remedies Manual on September 3 clarifying the analytical framework the Trump administration’s DOJ is using to evaluate remedies that may address competitive...more

Jones Day

DOJ Antitrust Division Updates Merger Remedies Guide

Jones Day on

The U.S. Department of Justice's ("DOJ") new remedies guide reinforces its strong preferences for structural divestitures and upfront buyers to resolve merger investigations. Last week, the DOJ released a new "Merger...more

Proskauer Rose LLP

New DOJ Merger Remedies Manual Cites Strong Preference for Structural Remedies - New Openness to Private Equity Buyers

Proskauer Rose LLP on

The United States Department of Justice released its revised Merger Remedies Manual on September 3, 2020, providing “Antitrust Division attorneys and economists with a framework for fashioning and implementing appropriate...more

King & Spalding

DOJ Updates Merger Remedies Manual

King & Spalding on

On Thursday, September 3, 2020, the Department of Justice’s Antitrust Division issued a revised Merger Remedies Manual (the “Manual”), which outlines the agency’s policies regarding merger remedies in transactions that raise...more

Jones Day

Antitrust Alert: FTC Merger Settlement Exposes Rift Over Antitrust Merger Enforcement

Jones Day on

The Federal Trade Commission, by a 3-2 party-line vote, has settled a vertical merger challenge in exchange for the merging companies' behavioral commitments. The decision and Commissioner statements signal tension for FTC...more

McDermott Will & Emery

Aerospace & Defense Series: Behavioral Remedies Remain a Viable Solution for Vertical Mergers in the Defense Industry

McDermott Will & Emery on

The recent FTC decision in the Northrop Grumman / Orbital ATK matter has shed light on the agency’s vertical merger enforcement policy and outlined a path to antitrust merger clearance for the Aerospace and Defense industry....more

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