News & Analysis as of

Enforcement Mergers Biden Administration

Cadwalader, Wickersham & Taft LLP

U.S. Antitrust Agency Merger Roundup & Commentary: FTC Reverses Routine Use of Prior Approval Requirements in Merger Settlements,...

The June 2025 Quorum summarized recent actions by the Federal Trade Commission (“Commission” or “FTC”) and Department of Justice’s Antitrust Division (“DOJ”) indicating the Trump Administration’s rejection of the anti-merger...more

Vinson & Elkins LLP

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

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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

DLA Piper

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

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In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak...more

Akin Gump Strauss Hauer & Feld LLP

Transparency In Merger Enforcement: At Least 50% of Investigated Deals Cleared for Takeoff in Q1 2025

As previously highlighted in our inaugural Akin Agency Transparency In Merger Enforcement (TIME) Report, merger enforcement transparency fell to an all-time low under the Biden administration. A key driver towards that trend...more

Hogan Lovells

Conservative in name only? FTC Commissioner Mark Meador’s theory of antitrust enforcement bears little resemblance to traditional...

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As newly-appointed Republican leaders explain the antitrust enforcement priorities of the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ), one thing is clear: the Trump administration is...more

Vinson & Elkins LLP

2024 Chemicals & Energy Antitrust Report

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The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Under Biden: Taking a Closer Look at the Numbers

Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look...more

McDermott Will & Emery

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

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The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

Sheppard Mullin Richter & Hampton LLP

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...more

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

Fenwick & West LLP

Navigating Healthcare Antitrust in the Biden Era

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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

King & Spalding

FTC and DOJ Announce New Draft Merger Guidelines

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vOn July 19, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), released draft merger guidelines for public...more

Mintz - Antitrust Viewpoints

In with the Old, Out with the New: DOJ and FTC Issue Much-Anticipated Draft Merger Guidelines

On July 19, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published Draft Merger Guidelines. The Draft Merger Guidelines, if adopted, would replace both the...more

McDermott Will & Emery

Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement

McDermott Will & Emery on

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023. The Proposed...more

BakerHostetler

DOJ’s Kanter: New Merger Guidelines to Address Enforcement’s ‘Disconnect’ with Court Precedent and Market Realities

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​​​​​​​On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his...more

Morrison & Foerster LLP

New Merger Guidelines – What Clues Can We Learn from the Public Comments?

The Biden Administration intends to reshape merger enforcement as part of its broader initiative to change U.S. antitrust law. In keeping with the Administration’s goals, the Federal Trade Commission (FTC) and the Department...more

Foley & Lardner LLP

One Year of Action Since President Biden’s Executive Order on Competition

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Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more

Lighthouse

A Dynamic HSR Landscape Spells Uncertainty for Second Requests

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A Second Request for a Hart-Scott-Rodino (HSR) filing thrusts companies and their counsel into a high-stakes race against time, complicated by massive data volumes and strict requirements. Policy and enforcement shifts by the...more

Mintz - Antitrust Viewpoints

FTC Chair Khan Gives a Look Behind the Curtain of United States Merger Reform

In remarks given last week at the 2022 International Competition Network Conference in Berlin, Germany, FTC Chair Lina Khan gave a keynote address in which she described the “broad and sweeping reassessment” of United States...more

McDermott Will & Emery

Treasury Responds to Biden Administration Executive Order with Report, Recommendations to Increase Alcohol Industry Competition

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On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive...more

Vinson & Elkins LLP

[Webinar] 2021 Energy & Chemicals Antitrust Report: Trends & Takeaways - February 2nd, 12:00 pm - 1:00 pm CT

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The energy and chemicals industries play a central role in our economy and regularly capture the attention of antitrust authorities and practitioners. In this program, V&E lawyers Darren Tucker and Jason Powers will discuss...more

Foley & Lardner LLP

Hospital and Health System Affiliation Transactions: Critical Legal and Business Issues

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We continue to see affiliation activity among hospitals and health systems, albeit at a slower pace than previously experienced, likely due to the COVID-19 pandemic and the resulting slow down in elective care, staffing...more

Robins Kaplan LLP

[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach...

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In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under...more

White & Case LLP

US antitrust policy targets the technology sector

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Taiwanese companies could feel the impact of the current push for wide-scale change - Within less than a year after taking office, the Biden administration's antitrust leaders are pushing for wide-scale changes to the US...more

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