Under the current administration, the FTC and DOJ are reluctant to settle deals with competition concerns and skeptical of whether divestitures remedy the alleged competition lost as a result of a transaction. In this enforcement environment, it behooves parties...
Summary: Developing a Strong Antitrust Foundation Cost-Effective Risk Assessment Leveraging Agency Precedent for Smaller Clients Building Relationships with Specialists Avoiding Small Firm Overconfidence The complex world of healthcare antitrust...
Summary: Mergers and Acquisitions Anticompetitive Conduct Insurance and ACO Antitrust Navigating Antitrust Agencies and Regulations Role of Antitrust Counsel in Healthcare Researching Antitrust Issues in Healthcare Over the past few decades...
On August 16, 2023, the Federal Trade Commission (FTC) brought an enforcement action resolving its concerns in a transaction between private equity firm Quantum Energy Partners and natural gas producer EQT Corporation. Most notably, the consent order alleged that...
Apart from several trackers on enforcement actions brought by the DOJ and FTC, we now have a tracker that focuses on the other, non-case related functions of the FTC and DOJ. Those other functions include, among other things, providing guidance to market participants...
On July 19, 2023, the DOJ and FTC issued proposed Merger Guidelines which will replace the 2010 Horizontal Merger Guidelines and the 2020 Vertical Merger Guidelines. The proposed Merger Guidelines are consistent with the Biden-era approach to stricter enforcement...
The FTC has proposed changes that would substantially expand the scope of disclosure obligations imposed by the Hart-Scott-Rodino (HSR) notification form and would effect the first major transformation of the form since the premerger notification program's...
Lexis Practical Guidance Antitrust has ramped up its tracking of all DOJ and FTC enforcement activity, including the DOJ’s enforcement of criminal antitrust violations (cartels). Our trackers are organized by industry, and include various information on each...
A tying arrangement exists when a party with market power over one product conditions the availability of that product on the purchase a second product in a separate market. Technological tying refers to the use of technology, as opposed to a contract or other...
Developing and implementing a plan for customer outreach is an important component of merger investigations. The FTC and DOJ often request, or parties can produce voluntarily, a list of each party's top 10 customers for overlapping products along with contact...
The Biden administration made it clear from its earliest days in office that antitrust enforcement would undergo a major sea change under new leadership at the Department of Justice (DOJ) and Federal Trade Commission (FTC). “We feel strongly that we are...
Numerous changes to the federal antitrust laws were passed at the end of the 117th Congress. Our tracker lists all bills introduced during the 117th Congress that pertain to changes to the federal antitrust laws and includes the sponsors, co-sponsors, and a quick...
The $2.2 billion proposed merger between Penguin Random House and Simon & Schuster was blocked recently by a federal judge who found that the merger posed a likely threat to the market for publishing top-selling books. This Law360 podcast discusses the Department...
The Biden Administration made it clear from the outset that it would bring a higher level of scrutiny to the enforcement of competition laws compared with their predecessors from both political parties. In the year plus since Lina Khan took over as Chair of the...
M&A agreements typically contain provisions that allocate the underlying antitrust risk between the buyer and seller, and identify the antitrust and competition law approvals required for the transaction. Our checklist outlines the antitrust and competition...