On January 14, 2025, the Department of Justice (DOJ) sued private equity giant KKR & Co. (KKR) for numerous violations of antitrust law, alleging that KKR repeatedly violated its obligations to provide information on its...more
1/17/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Violations ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Notice Requirements ,
Premerger Notifications ,
Private Equity ,
Threshold Requirements
Despite increasingly aggressive rhetoric from the agencies, 2022 was largely characterized as “business as usual” in the antitrust world. In contrast, 2023 featured a significant step up in enforcement activity, including...more
2/23/2024
/ Acquisitions ,
Amgen ,
Anti-Competitive ,
Antitrust Provisions ,
Bristol-Myers Squibb ,
Clinical Trials ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
IP License ,
Life Sciences ,
Monopolization ,
Pfizer ,
Pharmaceutical Industry ,
Sanofi
On December 18, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released the final version of revised Merger Guidelines...more
The second quarter saw significant enforcement and dealmaking in the life sciences space. The Federal Trade Commission (FTC) announced its attempt to block Amgen/Horizon, the first such challenge to a life science transaction...more
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
7/21/2023
/ Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Hiring & Firing ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Rulemaking Process ,
Vertical Mergers
On June 27, 2023, the U.S. Federal Trade Commission (“FTC”) and Antitrust Division of the U.S. Department of Justice (“DOJ”) announced a Notice of Proposed Rulemaking regarding the Hart-Scott-Rodino (“HSR”) Premerger...more
M&A activity in the life sciences space proceeded largely as usual in 2022, with most transactions receiving expected levels of agency scrutiny and closing in the normal course despite aggressive rhetoric from new leadership...more
2/22/2023
/ Acquisitions ,
Amgen ,
Antitrust Provisions ,
Biotechnology ,
Bristol-Myers Squibb ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
GlaxoSmithKline ,
Life Sciences ,
Mergers ,
Novo Nordisk ,
Pfizer ,
Pharmaceutical Industry ,
Popular ,
Risk Management
The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes -
On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more
2/22/2023
/ Antitrust Violations ,
Contract Terms ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Employment Contract ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Memorandum of Understanding ,
Non-Compete Agreements ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
The third quarter in the life sciences space showed that business is generally proceeding as usual, with large pharma players successfully acquiring or licensing in clinical stage assets without running into antitrust delays....more
11/10/2022
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Bristol-Myers Squibb ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
GlaxoSmithKline ,
Health Technology ,
Life Sciences ,
Mergers ,
Metadata ,
Mobile Apps ,
Pfizer ,
Pharmaceutical Industry ,
Popular ,
Virtual Reality