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Buyers Federal Trade Commission (FTC)

McDermott Will & Schulte

Antitrust Under Trump: June 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. The Federal Trade Commission...more

Perkins Coie

FTC’s Last Attempt To Revitalize the RPA?

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On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits (Southern)—the largest wholesale distributor of wine and spirits in the country—in the U.S. District Court for the Central...more

TransPerfect Legal

Overcoming Challenges in Merger Clearance: Case Studies and Solutions

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During the fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME), leading antitrust practitioners Franco Castelli, Counsel, Antitrust from Wachtell, Lipton, Rosen & Katz; Jeane Thomas, Partner at Crowell &...more

Lowenstein Sandler LLP

What the New HSR Filing Requirements Mean for Your Future Reportable Deals

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On October 10, 2024, the Federal Trade Commission (FTC) released the final revised rules governing premerger notification filings under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act. The new HSR filing requirements...more

Vinson & Elkins LLP

FTC Finalizes Major Overhaul and Expansion of HSR Act Reporting Requirements

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On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing long-anticipated revisions to the Hart-Scott-Rodino Act...more

Nelson Mullins Riley & Scarborough LLP

New HSR Process Rules by FTC: What Sellers Should Know

As we reported on Oct. 11, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced the final HSR (Hart-Scott-Rodino Antitrust Improvements Act of 1976) rules and form changes on Oct. 10.  While the “new”...more

Perkins Coie

RPA Update: Different Channel but Same Competition?

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After a long hibernation, the Robinson-Patman Act (RPA)—which generally prohibits sellers from charging different prices or providing different allowances to “competing” buyers—is poised to make a comeback in agency...more

A&O Shearman

Antitrust focus on private equity funds and serial acquisitions

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Until relatively recently, private equity buyers were viewed as largely benign. Where antitrust regulators expressed concerns with private equity buyers, it was generally in the context of them being viewed as sub-optimal...more

Husch Blackwell LLP

Healthcare Founders Face New Exit Considerations

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Exiting a business, whether you are a serial entrepreneur looking to move on to the next project or a healthcare provider like a physician or therapist who has nurtured your practice for decades, can be difficult. After all,...more

McDermott Will & Schulte

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

White & Case LLP

Dealmakers prepare to face new uncertainties in 2024

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Global M&A activity continued to make slow progress in 2023, with stubbornly high interest rates and stringent financing conditions stifling market confidence. Nearly US$3.2 trillion of M&A deals were announced last year—a...more

Jenner & Block

Jenner & Block Japan Newsletter - January 2024

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Welcome to the January 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

Gardner Law

FDA Regulatory, Compliance, and Privacy Due Diligence — Finding Your Goldilocks Zone

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When conducting due diligence of an FDA-regulated company, there are several important questions that should be posed. These include questions relating to regulatory, compliance, and privacy matters. For example, questions...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: New Proposed Merger Guidelines Reflect DOJ and FTC’s Anti-merger Policy, Signal Continued Aggressive...

The U.S. Department of Justice, Antitrust Division (DOJ), and the Federal Trade Commission (FTC) (and together, the “Agencies”) have released long-anticipated draft merger guidelines (the “2023 Draft Guidelines”) that...more

Shumaker, Loop & Kendrick, LLP

Attention Online Retailers! The New INFORM Consumer Act is Now in Effect

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) took full effect. The INFORM Act aims to add more transparency to online transactions and to prevent...more

White & Case LLP

You're gonna need a bigger boat: Stormy waters ahead as the FTC proposes far-reaching changes to HSR Form

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If the proposed rule is finalized, merging parties will face expansive requirements for HSR filings and lengthy filing preparation times. On June 27, 2023, the US Federal Trade Commission ("FTC"), with the concurrence of...more

Sheppard Mullin Richter & Hampton LLP

Hot Antitrust Enforcement Climate Reaches Private Equity

Antitrust enforcement has been heating up over the last few years in several areas – notably in healthcare and labor. As the antitrust climate intensifies and spreads, private equity (PE) firms are starting to feel the heat,...more

Flaster Greenberg PC

FTC Noncompete Ban Could Harm Buyers And Sellers In M&A

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This article originally ran in Law360 on February 10, 2023. All rights reserved.  As federal and state governments consider limiting or prohibiting employee noncompetition agreements or other restrictive covenants, the...more

Bass, Berry & Sims PLC

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

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Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction...more

White & Case LLP

Mixed Signals: US M&A FY 2022

White & Case LLP on

Although the record-breaking deal activity of 2021 spilled over into 2022, headwinds in the first quarter developed into a significant slowdown during the rest of 2022, with an expectation of continued slowness as we enter...more

Steptoe & Johnson PLLC

Don’t Forget Taxes When Negotiating Non-Competes

Steptoe & Johnson PLLC on

Exception to FTC Proposal Although the Federal Trade Commission (FTC) has proposed a ban on non-compete agreements, the proposal contains an exception in certain business acquisitions where the seller enters into a...more

Gibney Anthony & Flaherty, LLP

Update: INFORM Act to Protect Against Online Counterfeiters: What the New Law Means for Brand Owners and Consumers

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) was signed into law by President Biden on December 29, 2022. A positive step in the fight against online...more

Hinch Newman LLP

FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce...

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The Business Opportunity Rule (“Biz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a...more

Skadden, Arps, Slate, Meagher & Flom LLP

US and EU Regulators Increase Scrutiny of Vertical Mergers

US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more

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