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White & Case LLP

Navigating Antitrust Risks When Responding to Tariffs

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As companies consider their responses to tariffs, including potential price and supply chain adjustments, antitrust enforcers are scrutinizing competitor conduct. Recent enforcement warnings from both FTC and DOJ officials...more

Morrison & Foerster LLP

Shifting Tariff Response Strategies: How Can Companies Avoid Antitrust Risk?

In the current economic environment, where tariffs are being discussed, proposed, or implemented, with potential impact on many industries, companies are feeling pressure to rethink or adjust their pricing strategies....more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Potential Antitrust Exposure of Tariff-Related Pricing Changes

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As companies face mounting cost and supply pressures from rising tariffs, pricing managers are under growing pressure to adjust pricing strategies in fast-moving and uncertain conditions. As recently reported by the Wall...more

Foley & Lardner LLP

Pricing Under Pressure: Prepare for Enhanced Antitrust Scrutiny amid Tariff Uncertainty

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In an era of increased tariff pressures, U.S. antitrust enforcers have signaled that they remain vigilant for attempts by businesses to exploit the situation through anticompetitive conduct, especially in sectors already...more

Vinson & Elkins LLP

Trump Administration 2.0 – Tech Transactions Update

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The incoming Trump administration is expected to make several policy changes likely to impact tech transactions. President-elect Donald Trump has promised to reduce regulation and cut federal bureaucracy, which he says have...more

Morrison & Foerster LLP

The Inaugural Meeting of the White House’s Pricing Strike Force Focuses on Healthcare, Groceries, and Junk Fees

The Biden Administration recently convened the first meeting of its Strike Force on Unfair and Illegal Pricing (Strike Force), an interagency initiative announced in March 2024 to “root out and stop illegal corporate behavior...more

BakerHostetler

The First Public Meeting of the Strike Force on Unfair and Illegal Pricing: What Happened and What’s Next

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On August 1, the Federal Trade Commission (FTC) and Department of Justice (DOJ) virtually cohosted the first public meeting of the multiagency Strike Force on Unfair and Illegal Pricing (Strike Force), focused on antitrust...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . The Foreign Trade Antitrust Improvements Act

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The United States Department of Justice (DOJ) actively enforces the Sherman Act within the U.S. and internationally. Generally described, the Sherman Act is a powerful statutory scheme designed to prohibit anti-competitive...more

McDermott Will & Schulte

Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023. The Proposed...more

Foley & Lardner LLP

Antitrust: Heightening Expansion, Review, and Enforcement

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Manufacturing companies should actively prepare for heightened antitrust scrutiny of their business practices in 2023, including practices that have not traditionally garnered the focus of the federal antitrust enforcers. ...more

Husch Blackwell LLP

Legal Insights for Manufacturing

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We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year...more

King & Spalding

2023 M&A Outlook: Recapping Key Takeaways from Dealmaking in 2022 and Navigating New Challenges

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Coming off record-setting levels in 2021, M&A deal activity cooled in the second half of 2022. A multitude of factors – including soaring inflation, steadily rising interest rates and the higher cost of financing,...more

Foley & Lardner LLP

Threats of Antitrust Enforcement in the Supply Chain

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With steep inflation and seemingly constant disruptions in supply chains for all manner of goods, the Biden Administration has turned increasingly to antitrust authorities to tame price increases and stem future bottlenecks....more

Morrison & Foerster LLP

Cargotec/Konecranes: Failed Shipping Equipment Merger Illustrates Aggressive UK/U.S. Enforcement and Increased Skepticism of...

On March 29, 2022, global container handling equipment providers [Cargotec and Konecranes] abandoned their proposed $5 billion merger after the United Kingdom Competition and Markets Authority (CMA) and the U.S. Department of...more

Foley & Lardner LLP

Top Legal Issues Facing the Automotive Industry in 2022

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In 2022, automotive suppliers face many of the same issues that have bedeviled the industry throughout 2021, as well as a host of all-new challenges. Unfortunately, as with many aspects of pre-pandemic life, the relative...more

Foley & Lardner LLP

Antitrust Scrutiny of Supply Chain Issues Continues

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The spring thaw has yet to set in, but Washington this month has been a hotbed of antitrust regulatory activity impacting supply chains. On February 15, the Federal Trade Commission (FTC) announced that Lockheed Martin...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Q4 2021

The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more

Vinson & Elkins LLP

Supply and Demand: Signs that the Supply Chain Crisis Is Attracting the Attention of White Collar Regulators

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Global supply chains continue to reel from the impact of the COVID-19 pandemic. The Biden Administration has referred to bottlenecks in the supply chain as a national crisis.1 Recent remarks from antitrust regulators...more

MoFo Life Sciences

Vaccine Production And State Intervention In The U.S.

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During the COVID-19 pandemic, governments across the globe have become increasingly involved in the private sector. State-owned enterprises have long been common in Asia, but the pandemic has increased their prominence in...more

A&O Shearman

Covid–19 coronavirus update: global application of antitrust rules (UPDATED)

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Adverse economic or social conditions have not historically tended to affect the general application and enforcement of antitrust rules. This remains the overall position in the circumstances of Covid-19, with many antitrust...more

Jones Day

DOJ and FTC Release Final Version of Vertical Merger Guidelines

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The Development: The U.S. Department of Justice ("DOJ") and a divided Federal Trade Commission ("FTC") released the final version of their Vertical Merger Guidelines, the first revision in more than 35 years. The Guidelines...more

Bracewell LLP

Antitrust Agencies Issue Final New Guidelines for Vertical Mergers

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On June 30, 2020, the Department of Justice and a split Federal Trade Commission released the final version of their new Vertical Merger Guidelines, which outline how the federal antitrust agencies evaluate the competitive...more

Ballard Spahr LLP

Antitrust Agencies Release New Vertical Merger Guidelines

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The Department of Justice (DOJ) and the Federal Trade Commission (FTC) formally released the new Vertical Merger Guidelines on June 30, 2020, to provide insight to companies as to how the agencies will evaluate the...more

Hogan Lovells

Reducing antitrust risk of collaborations during the COVID-19 pandemic

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The COVID-19 pandemic has affected U.S. health care in an unprecedented way, requiring hospitals, providers, and suppliers to collaborate to respond to the urgency of the crisis. The situation has also put pressure on...more

White & Case LLP

CARES Act Provides No Relief from Antitrust Laws, but Deference on COVID-19-Related Coalitions from DOJ/FTC Will Be Fact-Specific

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The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38; Clayton Act, 15 U.S.C. § 12-27; and...more

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