Avatar McDermott Will & Emery

Subscribe to McDermott Will & Emery's Posts

Antitrust M&A Snapshot


By , , and on Nov 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

United States: July – September 2018 Update Both US antitrust agencies marked the third quarter of 2018 with significant policy announcements regarding the merger review process. The announced reforms seek to expedite the review process through cooperation between the agencies and the merging parties. Moving first, the Federal Trade Commission (FTC) revealed a Model Timing...

Continue Reading



DOJ Announces Procedural Reforms Seeking to Resolve Merger Investigations within 6 Months of Filing


By , and on Sep 25, 2018
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

Today, Assistant Attorney General Makan Delrahim announced a series of reforms with the express goal to resolve most merger investigations within six months of filing. The reforms seek to place the burden of faster reviews not only on the Antitrust Division of the Department of Justice (DOJ), but also on the merging parties. The DOJ will...

Continue Reading



Antitrust M&A Snapshot


By , , and on Aug 6, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

United States: April – June 2018 Update The second quarter of 2018 ushered in a trial defeat for the US Department of Justice (DOJ) and the beginning of a new era at the Federal Trade Commission (FTC). In June, Judge Richard J. Leon of the US District Court for the District of Columbia denied the...

Continue Reading



Cartel Snapshot


By and on Jun 27, 2018
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments

The second quarter of 2018 proved to be an active one with a number of US Department of Justice (DOJ) investigations resulting in criminal charges against individual executives. However, the DOJ’s total criminal fines still fall below the highs reached in 2014 and 2015. In this period, the European Commission made one notable cartel decision,...

Continue Reading



Three Lessons from AT&T/Time Warner and Three Strategies for Future Vertical Transactions


By , and on Jun 19, 2018
Posted In DOJ Developments, Mergers & Acquisitions

The challenges that the government faces in litigating vertical mergers was illustrated in the DOJ’s recent loss in its challenge of AT&T’s proposed acquisition of Time Warner. The result provides guidance for how companies can improve their odds of obtaining antitrust approval for similar transactions. Access the full article.

Continue Reading



Antitrust M&A Snapshot


By , , and on May 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

United States: January – March 2018 Update One year into the Trump administration, the US antitrust agencies are finally starting to implement their enforcement policies. Most notably, trial began in the US Department of Justice’s (DOJ) challenge of the AT&T/Time Warner merger, which is the Antitrust Division’s first significant vertical challenge in several decades. Judge...

Continue Reading



THE LATEST: Health Care Antitrust Enforcement Remains a Top Priority for New FTC Commissioners


By , and on May 4, 2018
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust

On April 27, 2018, the United States Senate confirmed President Trump’s five nominees for Commissioners of the Federal Trade Commission (FTC). Three are Republicans: Chairman Joseph Simons, Noah Phillips and Christine Wilson, and two are Democrats: Rohit Chopra and Rebecca Slaughter. The Senate’s vote returns the FTC to a full complement of Commissioners for the...

Continue Reading



THE LATEST: Trump DOJ’s Next Target: the Illinois Brick Indirect Purchaser Rule?


By and on Feb 2, 2018
Posted In Cartel Enforcement, DOJ Developments, Private Litigation

In the course of one week, two top level DOJ Antitrust officials in the Trump Administration separately spoke at panels and suggested the possibility of a sea change in federal antitrust law with respect to indirect purchaser lawsuits. The comments further reinforce the Administration’s active focus on antitrust issues. WHAT HAPPENED: Makan Delrahim, DOJ’s Assistant...

Continue Reading



Antitrust Merger Enforcement Update: One Year into the Trump Administration


By , , and on Jan 30, 2018
Posted In DOJ Developments, EC Developments, FTC Developments, Mergers & Acquisitions

At the one year anniversary of the Trump administration, antitrust merger enforcement remains similar to the Obama administration, but it is still early to judge given the delays in antitrust appointments and given the DOJ’s lawsuit against the vertical AT&T/Time Warner transaction, the first vertical merger litigation in decades.  Below are some of the recent...

Continue Reading



FTC Increases Notification Thresholds under the Hart-Scott-Rodino Act and Clayton Act Section 8


By and on Jan 29, 2018
Posted In FTC Developments, Mergers & Acquisitions

The US Federal Trade Commission recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Continue Reading.

Continue Reading



STAY CONNECTED

TOPICS

ARCHIVES