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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
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
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
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
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
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
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
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
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
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
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
The new Hart-Scott-Rodino (HSR) Premerger Notification and Report Form (the “Form”) went into effect on February 10, 2025....more
In somewhat of a surprise, FTC Chairman Ferguson announced yesterday that the FTC and Department of Justice’s joint 2023 Merger Guidelines “are in effect and are the framework for this agency’s merger-review analysis.” This...more
The heightened focus on antitrust and competition issues that has defined dealmaking globally over the past few years looks set for readjustment since President Trump re-entered the White House. Under the Biden...more
On January 31, 2025, the U.S. District Court for the Southern District of Texas denied the Federal Trade Commission’s request for a preliminary injunction to block Tempur Sealy’s (the world’s largest mattress manufacturer)...more
With the Trump 2.0 transition proceeding at breakneck pace, many are questioning how the new administration will approach antitrust policy and enforcement, and how much of the Biden Administration antitrust agenda will be...more
The Federal Trade Commission’s (FTC’s) failure to obtain a preliminary injunction to block Tempur Sealy’s $4 billion proposed acquisition of Mattress Firm is yet another loss in a string of failed vertical challenges by the...more
U.S. antitrust agencies kick off 2025 with landmark merger control enforcement actions - The U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) have started the year with a bang by...more
After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more
In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more
Join us as Darren Tucker and Jason Powers discuss recent antitrust developments in the energy sector and what lies ahead for companies in 2025. Key topics include the incoming Trump administration’s approach to antitrust...more
President Trump was sworn into office on Monday, promising swift action on several fronts. There is already a new Federal Trade Commission (“FTC”) Chair, Andrew Ferguson, with former FTC Chair Lina Khan expected to step down...more
Our latest edition explores the top merger control trends across the EU, US, UK, Middle East and Australia, and the outlook for 2025. EU and US merger control enforcement: quo vadis? In the EU, Executive Vice...more
On January 7, 2025, the Federal Trade Commission (FTC) announced a proposed settlement for crude oil producers XCL Resource Holdings, LLC; Verdun Oil Company; and EP Energy LLC to pay a record-breaking $5.6 million civil...more
The Federal Trade Commission (FTC) announced on January 10, 2025, increased reporting thresholds for transactions. Annually, the FTC reviews and adjusts the premerger notification reporting thresholds for reporting...more