The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) each recently announced that they would accept structural remedies to address concerns that two transactions in the technology industry would reduce...more
6/10/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Provisions ,
Biden Administration ,
Consent Decrees ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Divestiture ,
Federal Trade Commission (FTC) ,
Mergers ,
Trump Administration
The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory...more
UNITED STATES -
Wilson Resigns as FTC Commissioner -
On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more
4/21/2023
/ Acquisitions ,
American Bar Association (ABA) ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Healthcare ,
Horizontal Mergers ,
Investigations ,
Merger Controls ,
Mergers ,
Private Equity ,
Settlement Agreements ,
UK Competition and Markets Authority (CMA)
JULY – SEPTEMBER 2021: HIGHLIGHTS -
UNITED STATES -
• The US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of...more
10/29/2021
/ Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
EU ,
EUMR ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joint Venture ,
Jurisdictional Thresholds ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system...more
The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more
1/20/2020
/ Acquisitions ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Constitutional Challenges ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Non-Compete Agreements ,
Non-Solicitation Agreements
For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical Merger Guidelines to explain...more
1/15/2020
/ Anti-Competitive ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Information Sharing ,
Merger Controls ,
Mergers ,
Public Comment ,
Supply Chain ,
Vertical Mergers
The challenges that the government faces in litigating vertical mergers was illustrated in the DOJ’s recent loss in its challenge of AT&T’s proposed acquisition of Time Warner. The result provides guidance for how companies...more
6/20/2018
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Provisions ,
AT&T ,
Bargaining Power ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Mergers ,
Telecommunications ,
Time Warner ,
Vertical Mergers
McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more