News & Analysis as of

Biden Administration Regulatory Agenda Acquisitions

Vinson & Elkins LLP

Prior Approval Remedies in M&A: Agency Policy and Practice

Vinson & Elkins LLP on

For twenty-five years prior to the Biden Administration, FTC and DOJ consent agreements have had a singular goal: to remedy the anticompetitive effects of proposed transactions. Under former Chair Khan, however, the FTC...more

Vedder Price

FTC and DOJ Affirm Commitment to Biden-Era Merger Guidelines

Vedder Price on

Federal Trade Commission Chairman Andrew Ferguson announced to FTC staff on February 18 that the FTC would retain the 2023 Merger Guidelines as the framework for reviewing mergers and acquisitions. Citing the need for...more

Axinn, Veltrop & Harkrider LLP

Can You Ever Come Back from a Presidential Block? The Latest in the Nippon Steel/U.S. Steel Saga

When former President Biden blocked the acquisition by Nippon Steel of U.S. Steel in January on national security grounds, many assumed that was the end for a transaction that would have combined a Japanese powerhouse company...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

Holland & Knight LLP

Antitrust Under Trump 2.0: No More "Hipster Antitrust," But Scrutiny Will Remain

Holland & Knight LLP on

With President Joe Biden's departure, aggressive antitrust enforcers at the U.S. Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hand over the reins to incoming Trump...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

Vinson & Elkins LLP on

The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

McDermott Will & Schulte

What a Second Trump Term Means for Antitrust Enforcement

On January 20, 2025, President-elect Donald J. Trump’s administration will come into power. The McDermott antitrust and competition team has analyzed the first Trump term, compared it to the Biden administration’s actions,...more

Fenwick & West LLP

Navigating Healthcare Antitrust in the Biden Era

Fenwick & West LLP on

It’s no secret that Democrats are traditionally trustbusters, but the Biden Administration is taking things to a whole new level, bringing novel—and arguably weak—cases that nonetheless slow or block tie-ups among healthcare...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews

As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...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

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