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FTC and DOJ Jointly Propose New Merger Guidelines

On July 19, 2023, the FTC and the DOJ (collectively, the agencies) jointly released new draft merger guidelines. The agencies assert that the proposed guidelines will help them better assess the impact of proposed mergers...more

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

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

Antitrust Implications Loom Large in PGA Tour-LIV Golf Merger

In August, we wrote about whether antitrust liability might be in the PGA Tour’s future through a reported DOJ Antitrust Division investigation about the PGA Tour’s actions relating to LIV Golf and about PGA Tour bylaws...more

The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict...more

The Failing Firm Defense in Times of Economic Uncertainty

As many businesses look for solutions to weather the economic impact of the COVID-19 pandemic, one potential avenue for distressed companies is to seek to be acquired by a more stable firm looking to expand. ...more

When Harry's Met Schick: How Nascent Competition Theory Got in the Way of a Proposed Acquisition

On Feb. 3, the Federal Trade Commission (FTC) challenged Edgewell Personal Care’s proposed $1.37 billion acquisition of Harry’s. Edgewell owns Schick and another brand, making it one of the two leading manufacturers of wet...more

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