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New HSR Rules Go Live: Your Playbook for Effective M&A

Starting today, February 10, 2025, all merger filings will be subject to new Hart-Scott-Rodino (HSR) rules. The new HSR rules will fundamentally alter the premerger notification process, and substantially increase the...more

New DOJ Task Force to Target ‘Multisided Giants’ in Healthcare

The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms...more

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023. The Proposed...more

DOJ Signals Heightened Scrutiny on Information Exchanges and Competitor Collaborations

On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more

DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged

WHAT HAPPENED - During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement...more

Antitrust M&A Snapshot - October 2021 Q3

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

FTC “Prior Approval” Policy for Future Transactions Raises Antitrust Risks for Buyers and Sellers

The US Federal Trade Commission (FTC) voted July 21, 2021, to repeal a 1995 policy statement that eliminated prior approval and prior notice provisions from most merger settlements. In repealing this longstanding policy—and...more

Special Report - Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws

President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more

Notification Threshold under the Hart-Scott-Rodino Act Decreased to $92 Million

The US Federal Trade Commission (FTC) yesterday released decreased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The thresholds are indexed to changes in the gross national product (GNP). They...more

Antitrust M&A Snapshot - February 2020

Antitrust regulators in the United States and Europe were very active in the final quarter of 2019. The FTC and DOJ continue to investigate and challenge M&A transactions in a variety of industries. Events of this quarter...more

DOJ and Merging Parties Agree on Unprecedented Arbitration Procedure to Resolve Merger Challenge

WHAT HAPPENED: • On September 4, 2019, the US Department of Justice’s Antitrust Division (DOJ) sued to block Novelis Inc.’s proposed $2.6 billion acquisition of Aleris Corporation. • DOJ alleged that the transaction would...more

Antitrust M&A Snapshot - March 2019

UNITED STATES: OCTOBER - DECEMBER 2018 UPDATE - Both the Department of Justice (DOJ) and the Federal Trade Commission (FTC) were very active in the final quarter of 2018, closing seven cases that required in-depth...more

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