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Spotlight on Antitrust: FTC Open Meeting Reflects Changing Tide

On July 1, the Federal Trade Commission (FTC) held its first open meeting in decades. At the meeting, the FTC adopted the four items on its agenda, all along partisan lines. The Commission rescinded the 2015 Statement of...more

Distribution Merger Challenges at the FTC

In recent years, the Federal Trade Commission (FTC) has launched significant investigations into mergers between distributors, with the merging parties resolving the FTC’s concerns through consent, by abandoning the...more

DOJ and FTC Release Final Vertical Merger Guidelines

On June 30, 2020, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (the Agencies) issued new guidelines governing for vertical mergers and acquisitions. The Guidelines replace and supersede the DOJ's...more

The Impact of COVID-19 on Merger Reviews: Practical Considerations for the United States

The COVID-19 pandemic poses unprecedented challenges for merging parties and enforcement agencies.1 In the U.S., it has caused both the Department of Justice (DOJ) and Federal Trade Commission (FTC) to alter their...more

Federal Trade Commission Revises Hart-Scott-Rodino Thresholds

The Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for the upcoming year, the announcement of which was delayed due to the recent federal government shutdown. The FTC...more

Lessons from the AT&T/Time Warner Decision

On October 22, 2016, AT&T announced its $108 billion proposed acquisition of Time Warner. After a year-plus investigation, the Department of Justice (DOJ) filed suit to enjoin the merger, alleging that the transaction would...more

Antitrust Risks of Exchanging Information Before the Deal is Done

The Federal Trade Commission (FTC) recently issued guidance explaining how parties to a merger or acquisition can reduce antitrust risk when exchanging competitively sensitive information prior to closing. The exchange of...more

Federal Trade Commission Revises Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds...more

DOJ Reminds Companies That Expiration of HSR Waiting Period Is Not Always the Antitrust Agencies' Final Say

On September 26, 2017, the Department of Justice (DOJ) filed a complaint in the U.S. District Court for the District of Delaware challenging Parker-Hannifin Corporation's (Parker's) consummated acquisition of CLARCOR, Inc....more

Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party...more

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