News & Analysis as of

Antitrust Provisions Regulatory Agenda Hart-Scott-Rodino Act

Bass, Berry & Sims PLC

Washington Enacts “Mini-HSR” Law, Expanding State-Level Premerger Filing Requirements

Bass, Berry & Sims PLC on

On April 4, Washington became the first state to adopt the Uniform Premerger Notification Act (Act) when Washington Governor Jay Inslee signed the bill into law. The new statute imposes state-level premerger filing...more

A&O Shearman

Private equity and serial acquisitions continue to feel the antitrust heat

A&O Shearman on

Private equity acquisitions—notably roll-up strategies—continued to face antitrust scrutiny in 2024. As did serial acquisitions by non-PE acquirers. Headwinds were particularly strong in the U.S., but breezes from other...more

Fenwick & West LLP

The Start of the Deal? What Antitrust Enforcement and M&A Will Look Like Under Trump’s Second Presidency

Fenwick & West LLP on

When President Biden appointed Lina Khan to lead the Federal Trade Commission, and Jonathan Kanter to lead the Antitrust Division of the Department of Justice, he staked out an energetic new approach to antitrust enforcement...more

Morrison & Foerster LLP

M&A in 2024 and Trends for 2025

Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more

Stinson LLP

Trump's First 100 Days: Antitrust

Stinson LLP on

President-elect Trump will act quickly to replace Federal Trade Commission Chair Lina Khan and roll back certain Biden-era antitrust initiatives. The new administration is likely to bring a more favorable merger review...more

BakerHostetler

Trump 2.0 - What To Expect In Antitrust Enforcement

BakerHostetler on

In his return to the White House, President-elect Trump inherits an aggressive antitrust enforcement regime from the Biden administration – an enforcement regime that was born and developed in many respects during Trump’s...more

Bass, Berry & Sims PLC

New HSR Form Brings Significant Impact for Deals: A Deep Dive into What Has Changed

Bass, Berry & Sims PLC on

On October 10, the Federal Trade Commission (FTC) and Department of Justice (DOJ) (the Antitrust Agencies) finalized and released significant updates to the Hart-Scott-Rodino (HSR) premerger notification form. The updates are...more

A&O Shearman

FTC and DOJ Finalize New HSR Rules (Updated November 12, 2024)

A&O Shearman on

Democratic Commissioners Swung for the Fences, but FTC Settles for Unanimous Revisions, Still Increasing Burden on Filers - On October 10, 2024, all five Federal Trade Commission (“FTC”) Commissioners, with concurrence...more

A&O Shearman

Antitrust in Focus - October 2024

A&O Shearman on

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Roxane Hicheri (counsel based in Paris) and Mark Steenson (counsel based in London) are our editors this month. They...more

McDermott Will & Schulte

States Want in on the Merger Review Fun

While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale. On July 24, 2024, the...more

Ballard Spahr LLP

U.S. Regulatory Hurdles for a PGA/PIF Merger

Ballard Spahr LLP on

The PGA Tour announced that it had, along with the DP World Tour, entered into a Framework Agreement with the Public Investment Fund of the Kingdom of Saudi Arabia (PIF) to create “a global golf partnership.” While the...more

Sheppard Mullin Richter & Hampton LLP

The Wait is Over: DOJ and FTC Issue Final Merger Guidelines

On December 18, 2023, the Federal Trade Commission and Department of Justice (the “Agencies”) jointly issued Final Merger Guidelines, following a public comment period on the Proposed Merger Guidelines first issued in July....more

Nelson Mullins Riley & Scarborough LLP

Federal Trade Commission Proposes Major Changes to Hart-Scott-Rodino Process

On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (USDOJ), released a 133-page Notice of Proposed Rulemaking (NPRM) seeking to overhaul the Hart-Scott-Rodino Act of...more

Bradley Arant Boult Cummings LLP

FTC Announces Withdrawal of Healthcare Policy Statements

As Bradley forecasted in February, the Federal Trade Commission (FTC) recently announced the withdrawal of two healthcare antitrust policy statements: Statements of Antitrust Enforcement Policy in Health Care (1996) and...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ and FTC Propose a New Playbook for Merger Reviews

The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more

Stinson LLP

FTC and DOJ Propose Overhaul of Merger Filings

Stinson LLP on

On June 27, 2023, the Federal Trade Commission, in concurrence with the U.S. Department of Justice's Antitrust Division (the Agencies), proposed changes to the premerger notification form, as well as the premerger...more

Womble Bond Dickinson

Private Equity Transactions Face Increased Antitrust Scrutiny

Womble Bond Dickinson on

Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,...more

Proskauer Rose LLP

How to Navigate the Coming Antitrust Policy Tests

Proskauer Rose LLP on

2021 will be remembered in antitrust law. Not since the 1970s has there been so much chatter over the fundamental purposes of antitrust policy, or such potential for actual sea change. Originally published in Law360 -...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Chair Khan Highlights Key Policy Priorities Going Forward, but Aggressive Agenda Faces Uphill Climb

In a September 22, 2021, memorandum to staff, Federal Trade Commission (FTC) Chair Lina Khan formally laid out her “Vision and Priorities for the FTC,” reaffirming her calls for broad antitrust enforcement organized around...more

Cadwalader, Wickersham & Taft LLP

Proposed HSR Amendments Will Affect Financial Investors

On September 21, 2020, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the U.S. Department of Justice (“DOJ”), announced a Notice of Proposed Rulemaking and an Advance Notice of...more

Eversheds Sutherland (US) LLP

New Defense Department Guidance on Mergers and Acquisitions

On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared...more

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