News & Analysis as of

Acquisitions Divestiture Corporate Counsel

Axinn, Veltrop & Harkrider LLP

DOJ Settles Challenge to UnitedHealth/Amedisys Merger: Three Key Takeaways for M&A Antitrust Under Trump

On August 7, the DOJ and four state attorneys general announced a settlement to resolve their challenge to the $3.3 billion acquisition of Amedisys, Inc. (“Amedisys”) by UnitedHealth Group Inc. (“UnitedHealth”), as well as...more

McDermott Will & Schulte

The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers

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

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Enforcement Actions Highlight Scrutiny of Divestiture Orders Compliance

Recent enforcement actions by the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) demonstrate the agencies’ continued close scrutiny of merging parties’ compliance with divestiture orders....more

Wilson Sonsini Goodrich & Rosati

Fees and Loathing at CFIUS: The Committee Imposes Filing Fees, Forces Divestment, and Reportedly Blocks Another Big Deal

For an entity that has historically placed an emphasis on maintaining the secrecy of its proceedings, the Committee on Foreign Investment in the United States (CFIUS, or the Committee) has recently attracted quite a few...more

McDermott Will & Schulte

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

McDermott Will & Schulte on

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

Stoel Rives LLP

In Case You Missed It - Interesting Items for Corporate Counsel - May 2019

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President Trump signed an executive order last week, here, designed to impose sanctions on the iron, steel, aluminum and copper sectors of Iran. The operative section of the EO reads like a crazy person Googled “sanctions”...more

Jones Day

Post-Order Merger Divestitures Likely to Face "Uphill" Battle with FTC

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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

Bracewell LLP

Latest Developments to Affect Antitrust M&A

Bracewell LLP on

The past month has seen interesting developments in the antitrust M&A arena, including the first ever successful private antitrust merger challenge resulting in a divestiture order, and the announcement by the Department of...more

Jones Day

Antitrust Alert: First Successful Private Antitrust Merger Challenge Leads to Divestiture Order

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A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor's merger challenge. Although the decision is certain to be appealed, it may embolden...more

Foley & Lardner LLP

Tips for Planning a Carve-Out Divestiture

Foley & Lardner LLP on

As a company grows and expands (whether by acquisition or organically), it can encounter issues which may prompt a divestiture. For example, a once high-performing business unit declines or becomes stagnant and drags down the...more

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