In Short -
The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...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
President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation...more
New guidance from the Federal Trade Commission's ("FTC") staff describes the FTC's views on "post-order" divestitures and highlights the difficulties in persuading the FTC to abandon its preference for upfront buyers in...more
The Trump Administration leadership at the U.S. Department of Justice and Federal Trade Commission have announced reforms regarding merger reviews. This Jones Day White Paper reviews these reforms and their strategic...more
1/15/2019
/ Antitrust Investigations ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Discovery ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Foreign Corporations ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Privilege Logs ,
Trump Administration
The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more
2/12/2018
/ Antitrust Division ,
Antitrust Investigations ,
Attorney's Fees ,
Burden of Proof ,
CFIUS ,
Consent Decrees ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Evidentiary Standards ,
Federal Trade Commission (FTC) ,
Fee-Shifting ,
Mergers