News & Analysis as of

Federal Trade Commission (FTC) Joint Venture

Zelle  LLP

Stop, Collaborate and Listen! What to Know About the FTC and DOJ’s Withdrawal of the Competitor Collaboration Guidelines

Zelle LLP on

In his eponymous 1990 hit, Robert Van Winkle—Vanilla Ice—promised: “If there was a problem yo I’ll solve it.” If only the FTC and DOJ (the “Agencies”) could make the same pledge. Instead, their sudden decision to withdraw...more

McDermott Will & Emery

FTC Publishes Annual Merger Notification Jurisdictional Threshold and Filing Fee Adjustments

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On January 10, 2025, the Federal Trade Commission (FTC) released increased jurisdictional thresholds, filing fee thresholds, and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino Antitrust...more

Foley & Lardner LLP

FTC and DOJ Withdraw Guidelines for Collaborations Among Competitors

Foley & Lardner LLP on

On December 11, 2024, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (together, “the Agencies”) jointly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (“Guidelines”)....more

Stinson LLP

FTC and DOJ Withdraw More Guidance Leaving the State of Collaborative Projects Less Clear

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On Dec. 11, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice's (DOJ) Antitrust Division announced the withdrawal of their decades-old guidelines regarding collaboration among competitors. The...more

Faegre Drinker Biddle & Reath LLP

Joint Ventures, Industry Groups, Trade Associations and Other Business Collaborations Face Increased Legal Uncertainty as...

On December 11, 2024, the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors...more

Wilson Sonsini Goodrich & Rosati

DOJ and FTC Withdraw Antitrust Guidelines for Competitor Collaborations

For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more

Venable LLP

FTC Announces Significant Expansion of HSR Premerger Filings

Venable LLP on

On October 10, 2024, the Federal Trade Commission (FTC) unanimously approved a final rule that makes sweeping changes to the substance of premerger notifications required under the Hart-Scott-Rodino (HSR) Act....more

Husch Blackwell LLP

California Private Equity in Healthcare Legislation

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On August 31, the last day of its 2024 Legislative Session, the California Legislature approved Assembly Bill 3129 (Wood), which provides for notification to and review by the Attorney General of health care transactions...more

McDermott Will & Emery

States Want in on the Merger Review Fun

While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale. On July 24, 2024, the...more

Holland & Knight LLP

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

Holland & Knight LLP on

After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more

Akin Gump Strauss Hauer & Feld LLP

Recent FTC Merger Settlement Signals Increased Antitrust Agency Concerns about Coordination from Competitor Entanglements

Key Takeaways - An FTC merger settlement in the $5.2 billion transaction between EQT and Quantum, two producers of natural gas in the Appalachian Basin, signals the antitrust agencies’ new approach to analyzing the potential...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

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The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Benesch

Dialysis & Nephrology Digest - May 2023

Benesch on

MedPAC recommends no additional increase in payments for dialysis in 2024 - MedPAC’s report on outpatient dialysis services recommends Congress not increase Medicare payments for dialysis services next year beyond the...more

Ankura

The Department of Justice’s Withdrawal of Three Antitrust Statements and the Impact on Health Care Organizations

Ankura on

On February 3, 2023, the Department of Justice Antitrust Division (DOJ) announced the withdrawal of three policy statements that have long guided the information exchanges as well as the related enforcement in the healthcare...more

Holland & Knight LLP

Holland & Knight's China Practice Newsletter: March-April 2023

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Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. ...more

Stinson LLP

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

Stinson LLP on

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as...more

Wilson Sonsini Goodrich & Rosati

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more

Constangy, Brooks, Smith & Prophete, LLP

Sports law may have a partial fix for FTC noncompete ban

The non-statutory labor exemption might help some employers. On January 5, the U.S. Federal Trade Commission issued a proposed rule that, if implemented, would ban nearly all post-employment covenants not to compete...more

Robins Kaplan LLP

Mining Giant Glencore Fined $1.1B Over Global Bribery and Price Manipulation Scheme

Robins Kaplan LLP on

Glencore, a giant in the commodities and mining scenes, will pay $1.1 billion “to settle charges that two of its units bribed officials in several countries and manipulated oil prices,” a deal that follows “months of...more

Husch Blackwell LLP

FTC Increases 2022 Hart-Scott-Rodino Filing Thresholds

Husch Blackwell LLP on

The Federal Trade Commission (FTC) recently announced an increase as part of its annual adjustment to the monetary thresholds that apply to mergers and acquisitions per the Hart-Scott-Rodino Antitrust Improvements Act of...more

McDermott Will & Emery

Antitrust M&A Snapshot - October 2021 Q3

McDermott Will & Emery on

JULY – SEPTEMBER 2021: HIGHLIGHTS - UNITED STATES - • The US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of...more

Perkins Coie

FTC Announces 2021 Changes to HSR and Clayton Act Thresholds, Temporarily Suspends Early Termination

Perkins Coie on

The U.S. Federal Trade Commission (FTC) recently announced reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the Act), will decrease. The Act...more

Husch Blackwell LLP

Hart-Scott-Rodino Filing Thresholds Decrease For First Time Since 2010

Husch Blackwell LLP on

The Federal Trade Commission (FTC) announced the decrease in monetary thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), that will apply to transactions closing on or after March...more

Mintz - Antitrust Viewpoints

Peabody and Arch Coal Walk Away from Joint Venture After District Court Grants FTC’s Request for Preliminary Injunction

On September 29, 2020, Judge Sarah Pitlyk, a 2019 Trump appointee to the Eastern District of Missouri, granted the Federal Trade Commission’s request for a preliminary injunction barring two thermal coal producers, Arch...more

Robins Kaplan LLP

Joint Ventures & The COVID-19 Pandemic

Robins Kaplan LLP on

May companies work with their competitors to produce equipment needed to battle COVID-19 without running the risk of antitrust enforcement actions or treble damages lawsuits?...more

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