News & Analysis as of

Competition New Guidance Mergers

A&O Shearman

UK merger control to see faster reviews and clarified jurisdictional tests

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The Competition and Markets Authority (CMA) has launched a consultation on proposed changes to its mergers guidance on jurisdiction and procedure (CMA2) and its mergers notice template....more

Rivkin Radler LLP

NYS Reinforces Its Scrutiny Over Healthcare Transactions

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We recently discussed increasing state regulation of healthcare mergers and acquisitions in the face of the current Administration’s clear policy of federal deregulation. We noted that 15 states had implemented oversight laws...more

King & Spalding

NY Department of Health Issues Clarifying FAQs on Healthcare Transaction Notice Law

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Earlier this month, the New York State Department of Health (DOH) released its first formal guidance under Public Health Law (PHL) Article 45-A, the state’s recently enacted healthcare transaction notice law. Issued in the...more

White & Case LLP

Navigating the New UK Antitrust Landscape

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The UK's Competition and Markets Authority (CMA) has published a suite of guidance documents that set out how it intends to exercise its powers under the Digital Markets, Competition, and Consumers Act (Act). The Act, which...more

Epiq

Webinar Takeaways: Managing Antitrust Risk When Using Artificial Intelligence — a US Perspective

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Artificial Intelligence (AI) can help corporations create operational efficiencies, enhance customer experiences, optimize business strategies, significantly reduce costs, and increase profitability. However, using AI tools...more

Proskauer Rose LLP

DOJ and FTC Release New Merger Guidelines

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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released the 2023 Merger Guidelines on December 18, 2023. Following a 60-day public comment period that solicited over 30,000 comments from a variety...more

WilmerHale

FTC and DOJ Release New Merger Guidelines

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On December 18, 2023, the Federal Trade Commission and the Department of Justice jointly released their final Merger Guidelines. The Guidelines “identify the procedures and enforcement practices [the agencies] most often use...more

Dorsey & Whitney LLP

Back to the Future: 2023 Merger Guidelines Reach into History to Support Enlarged Antitrust Enforcement Agenda

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On December 18, 2023, the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) jointly released their long-anticipated final 2023 Merger Guidelines after a notice and public comment period, during which they...more

BakerHostetler

FTC and DOJ Jointly Publish Revised Merger Guidelines

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On Dec. 18, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued new merger guidelines (Guidelines), finalizing draft guidelines published in July and replacing the 2010 Horizontal Merger...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q3 2023

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UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more

A&O Shearman

Antitrust and information exchange: a new framework for analysis in the EU and UK

A&O Shearman on

The European Commission (EC) and the UK Competition and Markets Authority (CMA) have published new guidance on the assessment of cooperation between competitors. For the EU, this is contained in revised Guidelines on...more

Eversheds Sutherland (US) LLP

Greater scrutiny of proposed mergers anticipated under new FTC and DOJ guidelines

Last week the Department of Justice and Federal Trade Commission (Antitrust Agencies) jointly released a draft of their long-awaited revised Merger Guidelines, which reflect the Biden Administration’s ramped up merger...more

White & Case LLP

The new EU horizontal cooperation antitrust rules

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The European Commission ("EC") has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC's aim is to provide more guidance for...more

Mintz - Antitrust Viewpoints

FTC and DOJ to Host Public Forums on Effects of Mergers Ahead of Issuance of New Merger Guidelines

As a part of the new initiative to revise the antitrust merger guidelines, the Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) announced on March 17, 2022 that the agencies will host...more

White & Case LLP

Latest developments on the Article 22 EUMR referral mechanism: the only thing that's certain is the uncertainty

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The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages...more

Skadden, Arps, Slate, Meagher & Flom LLP

Revised Merger Assessment Guidelines Codify UK Interventionist Approach to Dynamic Markets

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output,...more

Akin Gump Strauss Hauer & Feld LLP

U.K. Competition & Markets Authority Publishes Important Brexit Guidance

In anticipation of the United Kingdom’s exit from the EU on December 31 (‘Brexit’), the Competition and Markets Authority (the ‘CMA’) published its guidance on the expected changes to U.K. competition law regime. The guidance...more

Jones Day

DOJ Antitrust Division Updates Merger Remedies Guide

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The U.S. Department of Justice's ("DOJ") new remedies guide reinforces its strong preferences for structural divestitures and upfront buyers to resolve merger investigations. Last week, the DOJ released a new "Merger...more

Proskauer Rose LLP

New DOJ Merger Remedies Manual Cites Strong Preference for Structural Remedies - New Openness to Private Equity Buyers

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The United States Department of Justice released its revised Merger Remedies Manual on September 3, 2020, providing “Antitrust Division attorneys and economists with a framework for fashioning and implementing appropriate...more

Perkins Coie

US DOJ and FTC Propose Vertical Merger Guidelines

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The U.S. Department of Justice and U.S. Federal Trade Commission published proposed vertical merger guidelines (vertical guidelines) on January 10, 2020. These are designed to increase the transparency of the agencies'...more

King & Spalding

DOJ and FTC Release New Vertical Merger Review Guidelines for Public Comment

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On Friday, January 10, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new guidelines for the agencies’ review of vertical mergers. Vertical mergers involve the combination of firms...more

McDermott Will & Emery

Antitrust M&A Snapshot - May 2019

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UNITED STATES: JANUARY - MARCH 2019 UPDATE - In the first quarter of 2019, vertical merger enforcement continued to be a hot topic for the US antitrust agencies. The Court of Appeals upheld the district court’s decision in...more

Jones Day

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

Jones Day on

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

Sheppard Mullin Richter & Hampton LLP

New Lower UK Thresholds for Scrutiny of Mergers Affecting National Security

Following the publication and consultation on a green paper earlier this year the UK Government has now published new takeover rules, adding new thresholds to the relevant provisions of the UK Enterprise Act giving the...more

Jones Day

ACCC Releases Media Merger Guidelines

Jones Day on

The Situation: The Australian Competition and Consumer Commission ("ACCC") has released new guidelines on mergers in the media industry. Looking Ahead: The new guidelines provide some—but not sufficient—clarification on...more

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