Since their release, the federal antitrust agencies’ 2023 Merger Guidelines (2023 Guidelines) have faced significant criticism from many. There was speculation that the Federal Trade Commission (FTC) and Department of Justice...more
The Antitrust Division of the Department of Justice has quietly made a change to its Leniency Policy and Procedures (the “Leniency Policy”) that could impact companies involved in transactions that discover potential...more
On July 19, 2023, the Federal Trade Commission and the Department of Justice released a draft update of the Merger Guidelines. The draft Guidelines describe how the agencies “review...mergers and acquisitions to determine...more
7/21/2023
/ Antitrust Division ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Rulemaking Process ,
Vertical Mergers
As described in our Client Alert of July 6, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) proposed on June 27, 2023, a massive overhaul of the Hart-Scott-Rodino Act (HSR) pre-merger notification...more
7/19/2023
/ Antitrust Division ,
Comment Period ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
Notice Requirements ,
NPRM ,
Premerger Notifications ,
Private Equity ,
Private Equity Funds ,
Proposed Amendments ,
Required Forms
The Department of Justice (DOJ) Antitrust Division recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry that may have broader...more
In an August 3 blog post, the Federal Trade Commission (FTC) announced a change to the FTC’s merger review process with potentially far-reaching effects. Emphasizing the agency’s constrained capacity resulting from a “tidal...more
8/17/2021
/ Antitrust Division ,
Antitrust Investigations ,
Antitrust Provisions ,
Biden Administration ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Strategic Enforcement Plan ,
Threshold Requirements ,
Warning Letters
In recent years, both Republican and Democratic-led antitrust agencies have pursued aggressive merger enforcement programs, litigating many cases and settling many more. However, “populist” and other progressive critics have...more
Businesses around the world are actively working to address the global COVID-19 pandemic, including through novel types of collaborations. In the United States, federal and state agencies, including the Department of Justice...more
On October 14, the US Department of Justice's Antitrust Division announced that Ralph Groen, a former information technology executive of the bus operator Coach USA Inc., had pleaded guilty to criminally obstructing justice...more