During antitrust review between M&A signing and closing, HSR rules restrict an acquiror from beginning to control the target's business....more
1/27/2025
/ Acquisition Agreements ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fines ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Oil & Gas
A plea deal with a paving contractor follows the Department of Justice Antitrust Division's ("DOJ") threat to resurrect criminal enforcement of the Sherman Act § 2 prohibition on monopolization and attempted monopolization....more
Saudi Arabia competition authority blocks its first transaction under the Kingdom's 2019 Competition Law.
The Saudi Arabian General Authority for Competition ("GAC") announced this week that its board had blocked Delivery...more
What Is the FTC's New "Prior Approval" Policy? At the end of an FTC investigation into the competitive impact of a merger, the agency may (i) take no action (allowing the parties to close), (ii) challenge the transaction...more
11/4/2021
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Corporate Sales Transactions ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Policy Management ,
Policy Statement ,
Regulatory Agenda ,
Regulatory Approval ,
Regulatory Reform
Expansion of FTC's Interpretation of Its Antitrust Enforcement Authority -The Commission majority has reinvigorated a longstanding but dormant debate about the bounds of the FTC's authority under Section 5 of the FTC Act....more
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
After eighteen months of investigation and litigation, a federal district court has rejected the Justice Department's challenge to AT&T's $108 billion acquisition of Time Warner Inc. Although the government could appeal, the...more
The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger...more
4/27/2018
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Confidential Information ,
Contractual Safeguards ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Information Sharing ,
Mergers ,
Sensitive Business Information ,
Sherman Act
The Federal Trade Commission staff have completed a new study evaluating its process for designing and implementing merger remedies and the success of the remedies it has imposed in the past. Its report—"The FTC's Merger...more