News & Analysis as of

Federal Trade Commission (FTC) Merger Controls

WilmerHale

AI and EU Merger Control

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Global investment in AI surged to approximately USD 252 billion in 2024, representing a thirteen-fold increase since 2014. As AI technologies become deeply embedded across key economic sectors such as finance, manufacturing,...more

WilmerHale

Notes from the Multipolar Global Front: Navigating Multinational Antitrust Merger Reviews

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Recent developments have made navigating multinational antitrust merger reviews even more complex and replete with traps for the unwary. ...more

A&O Shearman

Antitrust in focus - June 2025

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Under the Biden administration, the U.S. antitrust agencies, particularly the U.S. Department of Justice Antitrust Division (DOJ or Antitrust Division), were unusually resistant to negotiated merger remedies. Instead, they...more

McGuireWoods LLP

Washington, Colorado First States to Enact Uniform Antitrust Pre-Merger Notification Act

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Washington and Colorado are the first two states to pass laws requiring certain parties to affirmatively submit their Hart-Scott-Rodino (HSR) filings to their states’ attorneys general. Both states passed laws modeled on the...more

Morrison & Foerster LLP

Trump Antitrust Enforcers Stay the Course on Efficiencies

The Department of Justice, Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together the “Agencies”) submitted a note about efficiencies in merger control in connection with a June 17, 2025 Organisation for...more

Vedder Price

FTC Chair Issues Statement on Merger Remedies

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In an eight-page Statement joined by the two other sitting Commissioners, FTC Chair Andrew Ferguson on May 30, 2025 explained his reasoning for accepting a divestiture remedy proposed by Synopsis, Inc. and Ansys, Inc. to...more

Troutman Pepper Locke

What Does the New Administration's First Antitrust Merger Settlement Tell Us?

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The Federal Trade Commission (FTC) has agreed to accept the new administration's first settlement of a merger-enforcement challenge. The settlement includes the divestiture of three businesses and will allow Synopsys, Inc. to...more

Mayer Brown

Antitrust Risk in a New Regulatory Climate

Mayer Brown on

The recent change in leaders in both the United States and Europe has already had a notable impact on the antitrust landscape. Rules are changing—or, at least, their enforcement is taking more novel interpretations—against a...more

McDermott Will & Emery

Antitrust M&A Snapshot | Q1 2025

JANUARY – MARCH 2025: KEY THEMES AND TAKEAWAYS - UNITED STATES - FTC Loses Vertical Challenge to Tempur Sealy/Mattress Firm On July 2, 2024, the US Federal Trade Commission (FTC) filed suit in federal court seeking to block...more

Wilson Sonsini Goodrich & Rosati

Gail Slater Confirmed to Lead DOJ Antitrust Division

Gail Slater was confirmed last week as Assistant Attorney General (AAG) for the Antitrust Division; companies should expect a continuation of many Biden-era approaches, with new cases and priorities to advance the Trump...more

A&O Shearman

United States District Court Rejects FTC’s Attempt To Block Tempur Sealy And Mattress Firm Vertical Merger

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On January 31, 2025, the United States District Court for the Southern District of Texas denied the Federal Trade Commission’s (FTC) motion for a preliminary injunction to block the $4 billion acquisition of Mattress Firm by...more

Epstein Becker & Green

Revised HSR Thresholds Now in Effect

Each year, the minimum jurisdictional thresholds associated with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) are adjusted by the Federal Trade Commission (FTC). The 2025 adjustments went into effect on...more

DLA Piper

FTC signals continuation of rigorous approach to merger enforcement

DLA Piper on

Recently appointed Federal Trade Commission (FTC) Chairman Andrew Ferguson affirmed last week in a memorandum to FTC staff that the 2023 Merger Guidelines will remain in effect for the foreseeable future. This decision aligns...more

A&O Shearman

Antitrust in focus - February 2025

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Now out: our latest global trends in merger control enforcement report - In this tenth edition of our annual report, we analyze data for 2024 from 26 jurisdictions to reveal the latest trends in global merger control and...more

A&O Shearman

Antitrust authorities on high alert for merger control violations

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Sanctions for procedural merger control infringements in 2024 did not meet the lofty heights of previous years. But merging parties should not be complacent. The number of infringement decisions increased. The U.S. and China...more

WilmerHale

Here to Stay? FTC and DOJ Announce that 2023 Merger Guidelines Remain in Effect

WilmerHale on

Since their release, the federal antitrust agencies’ 2023 Merger Guidelines (2023 Guidelines) have faced significant criticism from many. There was speculation that the Federal Trade Commission (FTC) and Department of Justice...more

K&L Gates LLP

HSR Overhaul Takes Effect: A New Era For Dealmakers

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On 10 February 2025, the Federal Trade Commission’s (FTC) overhaul of the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) became effective. The new rules now apply to all reportable...more

Robinson Bradshaw

New HSR Rule: Practical Guidance for Corporate Counsel

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The FTC’s new Hart-Scott-Rodino rule, which we described in a previous publication, took effect earlier this month. Below are five key takeaways for corporate counsel...more

A&O Shearman

Merger control frustrates more M&A, but are the tides turning?

A&O Shearman on

Antitrust authorities killed more deals in 2024, marking a third year of rising mortality levels. Where prohibition was on the cards, many dealmakers abandoned their transactions rather than staying the course. The U.S....more

A&O Shearman

Private equity and serial acquisitions continue to feel the antitrust heat

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Private equity acquisitions—notably roll-up strategies—continued to face antitrust scrutiny in 2024. As did serial acquisitions by non-PE acquirers. Headwinds were particularly strong in the U.S., but breezes from other...more

A&O Shearman

Antitrust authorities’ skepticism of merger remedies causes headwinds for dealmakers

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The number of deals cleared with conditions fell sharply in 2024. Many antitrust authorities remained skeptical of whether merger remedies can effectively address antitrust concerns, choosing instead to challenge and...more

Axinn, Veltrop & Harkrider LLP

The Goods on Antitrust & Consumer Packaged Goods: A Sneak Preview of Axinn’s Thoughts in Advance of the CPG Legal Forum

Americans buy consumer packaged goods (CPG) every single day. As such, the CPG industry is on the radar of a variety of regulators and law enforcers, including federal and state antitrust enforcers. As counsel to a number of...more

Cozen O'Connor

Revamped HSR: What to Expect When You’re Expecting To Make a Deal

Cozen O'Connor on

Beginning February 10, 2025, all transactions subject to review pursuant to the Hart-Scott-Rodino (HSR) Act must comply with a new rule (Rule) promulgated by the Federal Trade Commission (FTC) that significantly expands the...more

Amundsen Davis LLC

New Merger Review Process: How to Prepare for Your Next Filing

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The Hart-Scott-Rodino (HSR) Act is a federal law that requires parties to a future business sale transaction to disclose certain information to determine that the transaction does not violate antitrust laws and harm...more

Vinson & Elkins LLP

10 Key Takeaways on Addressing Antitrust Risk in M&A Transactions

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On February 10, Vinson & Elkins LLP’s Hill Wellford, co-chair of the firm’s antitrust group, and Kara Kuritz, an antitrust transactional partner, presented a PLI briefing “Antitrust in Transactions.” During their talk about...more

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