Acquisitions, Preliminary Injunctions, The Clayton Act

Update: FTC Drops In-House Challenge of Microsoft’s Activision Acquisition After Ninth Circuit Affirms Denial of Preliminary...

Patterson Belknap Webb & Tyler LLP on 6/11/2025

After years of litigating its attempt to block Microsoft’s $68.7 billion acquisition of Activision, the Federal Trade Commission (“FTC”) recently dropped its in-house challenge following the Ninth Circuit’s decision affirming...more

Ninth Circuit Rules In Favor Of Merging Parties In Microsoft/Activision Appeal

A&O Shearman on 5/13/2025

On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...more

Judge Denies FTC’s Motion for Preliminary Injunction in Microsoft’s Acquisition of Activision

Mintz - Antitrust Viewpoints on 7/13/2023

On Monday, the FTC lost its bid to preliminarily enjoin Microsoft’s acquisition of Activision, the maker of the popular video game, “Call of Duty.” Based on a vertical foreclosure theory, this case marks the fourth loss for...more

Antitrust Enforcement Update: Spotlight on Physician Transactions

McDermott Will & Emery on 6/21/2019

At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

Jones Day on 4/20/2018

The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

Despite Presence of “Power Buyer,” FTC Obtains Preliminary Injunction of Proposed Physician Acquisition in North Dakota

Mintz on 12/21/2017

While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny. Last week, in a 69-page opinion, a federal district court granted the...more

Future Impacts of Valero’s Decision to Abandon Martinez Terminal

Holland & Knight LLP on 10/11/2017

Valero Petroleum company announced on Sept. 18, 2017 that it would abandon its plans to acquire the Plains All American Pipeline terminal facilities in Martinez and Richmond, California. These facilities appear to be the last...more

It’s a Sign of the Times: Challenges to Big Oil Transactions Will Likely Continue in California

Holland & Knight LLP on 8/30/2017

Valero Energy Corporation will likely face an uphill battle ahead in California over its plans to purchase storage terminals in Martinez and Richmond, California from Plains All American Pipeline. The California Attorney...more

The SMARTER Act Passes U.S. House of Representatives Vote, Seeks to Harmonize FTC and DOJ Procedures for Challenging Unconsummated...

Stinson - Corporate & Securities Law Blog on 3/25/2016

On March 23, the U.S. House of Representatives voted favorably on the Standard Merger and Acquisition Reviews Through Equal Rules Act (the “SMARTER Act”), H.R. 2745. The bill, introduced by Representative Blake Farenthold of...more

Acquisitions › Preliminary Injunctions › The Clayton Act

"My best business intelligence, in one easy email…"