News & Analysis as of

Private Equity Department of Justice (DOJ) Enforcement Actions

Bass, Berry & Sims PLC

Sanctions Enforcement Update: DOJ Declines Prosecution After Post-Acquisition Disclosure

In June 2025, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) announced that Unicat Catalyst Technologies, LLC (Unicat), a Texas-based petrochemical company, had agreed to settle its potential civil liability...more

McDermott Will & Emery

From risk to relief: PE firm avoids prosecution with swift disclosure

In June 2025, the US Department of Justice (DOJ) announced that it declined to prosecute a private equity firm and its affiliates following the firm’s voluntary self-disclosure of criminal violations of US sanctions and...more

Morrison & Foerster LLP

DOJ Issues First-Ever Declination Under Corporate Disclosure M&A Policy

On June 16, 2025, the Department of Justice (DOJ) National Security Division (NSD) announced that it declined to charge private equity firm White Deer Management LLC (“White Deer”) and its affiliates after the company...more

DLA Piper

Private Equity Acquirer Avoids “Unicat-astrophe” Following Voluntary Disclosures to the DOJ

DLA Piper on

The US Department of Justice (DOJ) announced that it has formally declined to prosecute private equity firm White Deer Management LLC (White Deer) and certain of its affiliates in connection with criminal violations of US...more

White & Case LLP

DOJ Declines to Prosecute Private Equity Firm after Post-Acquisition Voluntary Self-Disclosure of Sanctions and Export Control...

White & Case LLP on

In its first application of the policy on voluntary self-disclosures (“VSDs”) in connection with mergers and acquisitions (“M&A”), on June 16, 2025, the US Department of Justice’s (“DOJ”) National Security Division (“NSD”)...more

Akin Gump Strauss Hauer & Feld LLP

Acquirors Beware: PE Firm Escapes DOJ Prosecution, but Acquired Entity Hit With $2 million+ in Penalties

In March 2024, NSD issued an updated Enforcement Policy for Business Organizations (NSD Enforcement Policy) that includes the M&A Policy.  Under the M&A Policy, where an acquiring company makes a qualifying voluntary...more

Alston & Bird

A DOJ Private Equity Declination and Its Lessons for Acquirers and Targets

Alston & Bird on

The DOJ declined to prosecute a private equity firm for its portfolio company’s pre-acquisition sanctions and export violations, marking the first application of the National Security Division’s M&A Policy. Our White Collar,...more

Baker Botts L.L.P.

Antitrust Scrutiny of Investors Under a New Administration

Baker Botts L.L.P. on

Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different...more

Morgan Lewis - Health Law Scan

Mass. USAO Focuses on Healthcare Fraud in Private Equity Investments, Broker Arrangements at Annual Conference

On May 8, 2025, the Boston Bar Association hosted its annual White Collar Crime Conference, a reoccurring theme of which was the recognition of changing times, while also maintaining that the core principles of criminal and...more

Paul Hastings LLP

Check-Up and Diagnosis: The Ongoing Scrutiny of Private Equity Healthcare Investments

Paul Hastings LLP on

In 2024 alone, over 676 private equity firms and related investors acquired healthcare companies or related assets. The growing influence of private equity in the healthcare industry has not gone unnoticed on either of the...more

Frost Brown Todd

Antitrust Developments Update for April 2025

Frost Brown Todd on

In our last antitrust developments publication, we commented on the challenge to the new Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) final rule brought by the U.S. Chamber of Commerce and other parties in the...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - April 2025

Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter,...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

States Follow Federal Lawmakers in Bipartisan Focus on Private Equity

For at least five years, under both Republican and Democrat administrations, there has been a focus on private equity actors in the healthcare space. Since at least 2020, the Department of Justice (DOJ) has focused on private...more

BCLP

Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

BCLP on

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more

Morrison & Foerster LLP

MoForecast: State AGs and the False Claims Act: Navigating Multijurisdictional Challenges and Investor Scrutiny

In the realm of False Claims Act (FCA) enforcement, state attorneys general (AGs) are increasingly collaborating with federal authorities and fellow state AGs to address allegedly fraudulent activities. Companies operating...more

Axinn, Veltrop & Harkrider LLP

GTCR / Surmodics: Four Key Takeaways for M&A Antitrust from the First FTC Merger Challenge Under Trump

In the FTC’s first merger challenge of the new administration, the FTC voted 4-0 last week to challenge the proposed acquisition of Surmodics by private equity firm GTCR BC Holdings (“GTCR”). As the Trump administration’s...more

A&O Shearman

Antitrust in focus - February 2025

A&O Shearman on

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

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Antitrust & Competition

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

Cooley LLP

Antitrust Scrutiny of Private Equity: On the Horizon or in the Rearview Mirror?

Cooley LLP on

What the final days of the Biden administration portend for private equity enforcement in Trump 2.0 - During the final days of the Biden administration, the Antitrust Division of the Department of Justice (DOJ) and the...more

McCarter & English, LLP

KKR Countersues DOJ for Confusing and Contradictory HSR Rules

Not every investment firm countersues the acting assistant attorney general of the United States for the Antitrust Division, the United States Department of Justice (Antitrust Division), the Federal Trade Commission (FTC),...more

A&O Shearman

Antitrust in focus - January 2025

A&O Shearman on

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

Cadwalader, Wickersham & Taft LLP

DOJ Allegations that KKR Systematically Failed to Comply With the HSR Act – Highlights Importance of DOJ Corporate Compliance...

The Department of Justice (“DOJ”) has alleged in a complaint filed in the Southern District of New York on January 14, 2025 that KKR & Co. Inc. and certain of its investment advisors and funds (collectively, “KKR”)...more

Holland & Knight LLP

Less Is More? Implications of the DOJ's $650 million Action Against KKR & Co.

Holland & Knight LLP on

A Look at How Future Disclosures Under the Hart-Scott-Rodino Act Could Be Affected - The U.S. Department of Justice (DOJ) on Jan. 14, 2025, brought an action in the U.S. District Court for the Southern District of New York...more

Holland & Knight LLP

A Year-End Report for Healthcare Antitrust and What to Expect Later in 2025

Holland & Knight LLP on

As the year begins under a new Trump Administration, healthcare providers and private equity firms should consider the antitrust enforcement environment they are likely to face in 2025. This Holland & Knight report recaps...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Private Equity Throws FCA Enforcement Off-Kilter

Over the last 15 years, private equity (“PE”) firms have invested hundreds of billions of dollars in the healthcare sector, infiltrating every corner of the industry from emergency rooms and labs to billing providers and...more

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