In July, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more
9/7/2023
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Regulatory Agenda ,
Threshold Requirements
Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more
9/7/2023
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Board of Directors ,
Corporate Governance ,
Delisting ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Horizontal Merger Guidelines ,
Internal Investigations ,
Mergers ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Sellers ,
Share Buybacks ,
Shareholders ,
Short Selling ,
UK
In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more
12/1/2022
/ Anti-Competitive ,
Antitrust Division ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Guilty Pleas ,
Monopolization ,
Section 2 ,
Sherman Act
A mostly forgotten statute barring competitors from having representatives on each other’s boards could be used by regulators if pressure builds for antitrust enforcement in the tech industries....more
As anticipated, on January 10, 2020, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) released Draft Vertical Merger Guidelines (Draft Guidelines), marking the first update...more
1/22/2020
/ Anti-Competitive ,
Comment Period ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Controls ,
Mergers ,
Public Comment ,
Sensitive Business Information ,
Supply Chain ,
Transparency ,
Vertical Mergers
On April 12, the Federal Trade Commission held a hearing to debate the extent to which the FTC should use retrospective reviews to strengthen merger enforcement. This was the latest in the series of hearings on Competition...more
4/26/2019
/ Acquisitions ,
Administrative Hearings ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
Merger Controls ,
Mergers ,
Political Parties
On February 25, 2019, in FTC v. Shire ViroPharma, Inc., the U.S. Court of Appeals for the Third Circuit confirmed that the Federal Trade Commission (FTC) cannot plead its way into federal court via Section 13(b) of the FTC...more
3/2/2019
/ Administrative Proceedings ,
Administrative Remedies ,
Anti-Competitive ,
Antitrust Violations ,
Appeals ,
Disgorgement ,
Dismissals ,
Federal Pleading Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Generic Drugs ,
Illegal Profits ,
Injunctive Relief ,
Motion to Dismiss ,
Pharmaceutical Industry ,
Remedies ,
Restitution ,
Unfair Competition