News & Analysis as of

Regulatory Oversight Mergers Federal Trade Commission (FTC)

Benesch

Healthcare Private Equity Investment: As Federal Headwinds Subside, a Gale Warning Goes Up in Many States

Benesch on

Private equity (PE) investment in the U.S. healthcare sector faces a complex and evolving regulatory and legislative landscape. Both federal and state authorities are intensifying scrutiny of PE investment, driven by concerns...more

EDRM - Electronic Discovery Reference Model

Analyzing Second Requests: Trends in Premerger Antitrust Review and Political Influence

ComplexDiscovery’s Editor’s Note: This concise analysis delves into the historical trends of Second Requests in U.S. antitrust review, spanning from 2000 to 2023. It explores how these trends correlate with presidential...more

HaystackID

FTC and DOJ Report on Merger Trends in 2023: A Year of Big Deals and Big Scrutiny

HaystackID on

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have released the 2023 Hart-Scott-Rodino (HSR) Annual Report, offering key insights into merger activity over the past fiscal year. The report sheds light...more

ArentFox Schiff

Fast Five: Important Law and Policy Updates for US Health Care Transactions

ArentFox Schiff on

With the end of the first quarter of 2024, we highlight five developments, changes, or challenges that health systems, hospitals, nursing homes, clinics, physician practices, health insurers, and other health care providers,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews

As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...more

Jenner & Block

DOJ and FTC Submit Draft Updated Merger Guideline

Jenner & Block on

On July 19, 2023, the U.S. Department of Justice and Federal Trade Commission released a draft update of the Merger Guidelines and invited public comments. If adopted, the Proposed Guidelines would represent a substantial...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2023

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

Womble Bond Dickinson

Private Equity Transactions Face Increased Antitrust Scrutiny

Womble Bond Dickinson on

Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,...more

McDermott Will & Emery

[Webinar] Competition Crackdown: What Does Treasury’s Guidance for Alcohol Markets Mean for Your Business? - February 24th, 12:00...

McDermott Will & Emery on

Last week, the US Treasury Department (Treasury) released a report that outlined a series of reforms aimed at boosting competition in the combined $250 billion US beer, wine and spirits markets in response to US President Joe...more

White & Case LLP

What's in store for 2022?

White & Case LLP on

Five factors that will shape dealmaking over the coming 12 months - Last year will be a very tough act to follow. M&A values and volumes soared on the back of confident public markets, strong deal financing options and a...more

White & Case LLP

Everybody Needs Prior Approval! – The FTC Revives And Expands an Old Enforcement Tool over a Scathing Dissent

White & Case LLP on

On October 25, 2021, a deeply divided FTC voted 3-2 to enact a major policy change relevant to every party involved in settling a merger investigation with the FTC. Earlier this year, the FTC signaled its intent to bring back...more

WilmerHale

We Didn’t Like Your Merger, So Please Come Back: FTC Issues New Prior Approval Policy for Challenged and Aborted M&A Transactions

WilmerHale on

The US Federal Trade Commission (FTC or Commission) has announced a new policy to dramatically expand its use of prior approval orders in merger transactions. On October 25, the FTC issued a policy statement (Statement) under...more

White & Case LLP

US dealmaking braces for more challenging antitrust environment

White & Case LLP on

After campaigning for the presidency on a platform that included more aggressive antitrust enforcement, Joe Biden has taken early steps to honor those pledges - President Joe Biden has made antitrust enforcement a policy...more

Wilson Sonsini Goodrich & Rosati

The Impact of COVID-19 on Merger Reviews: Practical Considerations for Global Deals

In the field of antitrust, the current COVID-19 pandemic poses unprecedented challenges for merging parties and agencies worldwide. As the crisis unfolds, enforcement against cartels, investigations of excessive pricing, and...more

Hogan Lovells

2019 Winnik International TMT Forum: Media and Technology Convergence Panel

Hogan Lovells on

The 2019 Winnik International TMT Forum hosted by Hogan Lovells featured a panel discussion on technology and media convergence....more

American Conference Institute (ACI)

[Event] 6th Annual Forum On Cosmetics & Personal Care Products – Legal, Regulatory And Compliance - March 28th-29th, New York, NY

Prepare to meet the challenges of the rapidly evolving legal and regulatory landscape of the cosmetics and personal care products industry. A new paradigm is emerging in 2019. Ensure you are prepared to meet the global...more

Epstein Becker & Green

DOJ’s Antitrust Division Reiterates Its Stance Against Conduct-Related Remedies

Epstein Becker & Green on

Under the Trump administration, the Antitrust Division of the U.S. Department of Justice (“DOJ”) (and, to some extent, the Federal Trade Commission) has emphasized its role as an antitrust “enforcer” and not a “regulator.”...more

Hogan Lovells

Exploring the contrasting views about antitrust and big data in the U.S. and EU

Hogan Lovells on

Are some tech companies using their cache of big data to crush competition? U.S. regulators don’t think so. At the U.S. Department of Justice (DOJ) Technology Policy Institute Conference in August 2018, Deputy Assistant...more

Akerman LLP - Health Law Rx

House Commerce Committee Urges the FTC to Investigate Past PBM Mergers

The leadership of the House Energy & Commerce Committee has called upon the Federal Trade Commission to undertake a retrospective review of past mergers involving pharmacy benefit managers (PBMs). ...more

Foley & Lardner LLP

2018 Antitrust Outlook – Another Year Of Uncertainty

Foley & Lardner LLP on

The antitrust outlook in the United States in 2018 continues to present uncertainty. Below, we look to identify some sources of that uncertainty and offer some predictions for industries, including the auto industry, for the...more

Akerman LLP - Health Law Rx

The AHA’s Letter to Santa Claus

The American Hospital Association, after having been “nice” all year, penned its letter to Santa Claus with its wish list for Christmas. Its four page letter (actually addressed to President-Elect Donald Trump at 1717...more

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