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Many organizations evaluate antitrust risk by considering potential investigation by the U.S. Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) or private action. However, firms should also consider that...more
The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have filed a Statement of Interest (SOI) supporting a lawsuit brought by a coalition of Republican states alleging that three large...more
The Department of Justice (DOJ) recently announced a task force designed to eliminate anticompetitive state and federal laws and regulations that “undermine free market competition and harm consumers, workers, and...more
President Donald Trump signed the executive order “Reducing Anti-Competitive Regulatory Barriers” on April 9, 2025, directing federal agencies to identify and reform regulations that unnecessarily restrict market competition....more
Texas Attorney General Ken Paxton’s office has long been a significant player in antitrust enforcement. It has been an active enforcer in the technology industry, and has used antitrust as a tool to push back on corporate ESG...more
As CERAWeek begins in Houston, dealmakers in the energy sector will surely be asking how the second Trump Administration antitrust enforcers will treat energy deals. As a prelude, no industry has a longer history with...more
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
Oil companies ordered to pay $5.6 million for exerting beneficial control before the expiration of the mandatory HSR waiting period. On January 7, 2025, the Federal Trade Commission (“FTC”) filed and resolved a merger...more
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
Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...more
UNITED STATES - - Agencies Revisiting Consummated Mergers - What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more
Welcome to the May 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 Japanese...more
Editor’s Note: The Hart Scott Rodino Act (HSR Act), a pivotal federal law, mandates companies to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) before finalizing mergers or acquisitions...more
For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more
SEC Enforcement: In its yearly summary of enforcement activity, the SEC chose to highlight ESG-related issues as one of only a handful of subject matter areas that the SEC is focused on, indicating the significant priority...more
Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more
The Biden administration has placed an emphasis on antitrust enforcement that will create meaningful implications for future transactions, as well as those already consummated. In this webinar, hosted by McDermott Will &...more
As part of our Energy Transition webinar series, McDermott partner Kevin Brophy will moderate a discussion on October 13 between partner Lesli Esposito and associate Matt Evola on new merger control developments made under...more
In 2020, like most other industries, the energy sector faced extreme challenges stemming from the pandemic. People were relying less on energy due to workforce and lifestyle changes. Last year also brought market dislocations...more
Antitrust activity in the energy and chemical sectors was steady and robust in 2020. Even though U.S. antitrust agencies witnessed the first year-over-year drop in total merger activity since 2012, the agencies investigated...more
Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. In 2020, renewable energy is expected to account for approximately 20% of...more
What did antitrust enforcement look like in the energy sector in 2019? It was limited to the Federal Trade Commission seeking relief in a single transaction and the Department of Justice obtaining two additional guilty pleas...more
ANTICORRUPTION DEVELOPMENTS - Petrobras Settles with U.S. Authorities Over Alleged FCPA Violations - On September 27, 2018, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)...more
Late last week, with only hours left for the Obama Administration, the Antitrust Division of the Department of Justice (DOJ) released one of the most remarkable gun-jumping enforcement actions in the more than 40-year history...more
On November 28, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) submitted comments on the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”)...more