JANUARY – MARCH 2025: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
FTC Loses Vertical Challenge to Tempur Sealy/Mattress Firm
On July 2, 2024, the US Federal Trade Commission (FTC) filed suit in federal court seeking to block...more
5/6/2025
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Big Tech ,
Competition ,
Enforcement Actions ,
Enforcement Priorities ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
Trump Administration ,
UK ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
On January 20, 2025, President-elect Donald J. Trump’s administration will come into power. The McDermott antitrust and competition team has analyzed the first Trump term, compared it to the Biden administration’s actions,...more
12/4/2024
/ Acquisitions ,
Biden Administration ,
Big Tech ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Mergers ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Requirements ,
Trump Administration
The US antitrust regulators continued to aggressively challenge transactions and associated Hart-Scott-Rodino (HSR) violations during the third quarter of 2024. The Federal Trade Commission (FTC) litigated two merger...more
11/1/2024
/ Acquisitions ,
Antitrust Division ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EUMR ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
IN THIS FEBRUARY 2024 ISSUE -
UNITED STATES -
New Merger Guidelines Released -
The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on...more
2/14/2024
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EUMR ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Pharmaceutical Industry ,
Treaty on the Functioning of the European Union (TFEU) ,
Vertical Mergers
APRIL – JUNE 2022: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
• An Overview of Agency Merger Challenges from January 2021 through June 2022 Parties continue to be cautious in litigating challenged transactions. Since...more
9/26/2022
/ Acquisitions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
Healthcare ,
Investment ,
Mergers ,
National Security ,
Pharmaceutical Industry ,
Private Equity ,
UK ,
UK Competition and Markets Authority (CMA)
OCTOBER - DECEMBER 2020 UPDATE -
UNITED STATES -
Despite initial obstacles because of the COVID-19 pandemic, 2020 rounded out to be the busiest year for mergers and acquisitions (M&A) enforcement in the United States...more
2/8/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Markets Strategy ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Premerger Notifications ,
Proposed Rules ,
UK Competition and Markets Authority (CMA)
JULY - SEPTEMBER 2020 UPDATE -
UNITED STATES-
Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more
10/26/2020
/ Acquisitions ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
UK ,
UK Competition and Markets Authority (CMA)
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
The US agencies continue to be aggressive and have blocked transactions or required significant remedies during the second quarter. The agencies cleared three mergers where divestitures were required. In the face of Federal...more
8/28/2019
/ Acquisitions ,
Antitrust Violations ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
French Competition Authority ,
Institutional Investors ,
Merger Controls ,
Mergers ,
Sherman Act