Raymond A. Jacobsen, Jr.

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Raymond (Ray) A. Jacobsen, Jr., advises clients on mergers, acquisitions and complex antitrust litigation. He has significant experience in the defense, medical devices, biotech, consumer product, energy and health care industries. Ray is the global head of McDermott's Antitrust Practice, and also serves on the Management Committee and Executive Committee. Read Raymond A. Jacobsen, Jr.'s full bio.

New FTC, DOJ Merger Guidelines Create Challenges and Opportunities

By , , and on Dec 21, 2023
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on December 18, 2023. These guidelines represent a significantly more enforcement-oriented approach than the prior guidelines, and they largely follow the contours of draft guidelines released in July 2023. Companies should be aware of the Merger Guidelines...

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

By , , , , , , , and on Jul 25, 2023
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission and the US Department of Justice under new proposed Merger Guidelines released on July 19, 2023. The Proposed Guidelines embody the antitrust agencies’ aggressive posture toward merger enforcement under the Biden administration. This On the Subject highlights the most significant changes...

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FTC Releases Proposed Changes to Premerger Notification Form and Process

By , , , and on Jun 30, 2023
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

The Federal Trade Commission (FTC) has proposed, for comment, significant changes to the information and documents to be submitted with premerger filings—even in transactions that do not raise significant antitrust issues. The changes proposed may not take effect and may be different when finalized. But if promulgated as proposed, every Hart-Scott-Rodino (HSR) filing will be more difficult...

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Navigating the FTC’s Expanded Unfair-Competition Stance

By , and on Nov 21, 2022
Posted In FTC Developments

On November 10, 2022, the Federal Trade Commission (FTC) voted to approve a new policy statement interpreting the FTC’s authority under Section 5 of the Federal Trade Commission Act, which prohibits “unfair methods of competition in or affecting commerce.” The newly adopted policy statement provides a significantly more expansive interpretation of the FTC’s authority and...

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What to Expect from FTC’S Big Tech Merger Review

By and on Apr 28, 2020
Posted In Consumer Protection/Privacy, FTC Developments, Mergers & Acquisitions

On Feb. 11, the Federal Trade Commission announced that it had issued special orders to five large technology companies, requesting information on prior acquisitions completed by the companies during the past 10 years. The FTC’s announcement follows several recent high-profile events relating to technology mergers, including the FTC’s Hearings on Competition and Consumer Protection in...

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Lessons Learned – The State of Affairs in US Merger Review

By , , , and on May 18, 2016
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions. Looking back at the different cases, there are some trends that we see developing in the government’s positioning on mergers, and these should be kept in...

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