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Recent merger settlements further confirm that merger remedies are back and indicate the healthcare industry remains a priority for antitrust enforcers.

In July, we published an alert regarding the resolutions of two merger investigations initiated by the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ).[1] We observed a key shift in enforcement policies under the new Trump administration based on…

Read More Merger Remedies Are Back in Play: Recent Developments

On September 18, the Federal Trade Commission (“FTC”), along with seven states,[1] filed a complaint in the United States District Court for the Central District of California.[2] This complaint alleges that Ticketmaster LLC (“Ticketmaster”) and its parent company Live Nation Entertainment, Inc. (“Live Nation”) (collectively “Ticketmaster”) have “deceived artists and consumers by engaging in bait-and-switch pricing through advertising lower prices for tickets than…

Read More Live Nation Faces New Challenge from FTC regarding Deceptive Ticket Prices

The Federal Trade Commission’s (“FTC”) recent settlement of the Synopsys/Ansys merger and the Department of Justice Antitrust Division’s (“DOJ”) settlement of the Keysight/Spirent merger are signs that, under the new Trump administration, the agencies are interested in putting merger remedies, which had essentially been a non-starter during the Biden administration, back on the table. FTC Chair Andrew Ferguson, who issued a statement in connection with…

Read More Merger Remedies are Back in Play under Trump 2.0

After winning the presidency, Donald Trump will look to bring his own antitrust enforcement priorities to his second administration.  During his first term, Donald Trump’s Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) engaged in relatively robust enforcement of the antitrust laws, including suing to block the proposed merger of AT&T/Time Warner, as well as bringing cases against Google and Meta (formerly Facebook) for…

Read More Trump 2.0 — Back to the Future?

On October 4, 2023, Deputy Attorney General Lisa O. Monaco announced the Department of Justice’s new Mergers & Acquisitions Safe Harbor Policy.[1] The policy aims to incentivize timely disclosures of misconduct uncovered during the M&A process by providing a safe harbor and a presumption of a declination to companies that comply with the new Safe Harbor Policy. This advisory addresses steps companies can take…

Read More New DOJ Safe Harbor Policy Aims to Incentivize Timely Disclosure of Criminal Misconduct Discovered During Mergers and Acquisitions

Senior Counsel Robert M. Langer and Michael A. Kurs of Pullman & Comley have co-authored an article titled, “The Federal Trade Commission and the U.S. DOJ Antitrust Division during the Biden Administration Have Significantly Ramped Up Antitrust Enforcement: Non-Antitrust Lawyers Beware!” in the Connecticut Bar Association’s Connecticut Lawyer Magazine.

The article discusses the efforts of the Federal Trade Commission and the Antitrust Division of the…

Read More The Federal Trade Commission and the U.S. DOJ Antitrust Division during the Biden Administration Have Significantly Ramped Up Antitrust Enforcement: Non-Antitrust Lawyers Beware!

On October 10, the Federal Trade Commission (“FTC”) announced its final rules with respect to Premerger Notification under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (as amended) (“HSR”).  The final rules formalize what will be the largest change to premerger notification requirements since at least 2000.  The final rules follow from the draft rules that the FTC published in June 2023.[1]  The new…

Read More FTC Proposes Dramatic Changes to HSR Premerger Filings, as Agencies Unveil New Merger Guidelines

The United States Department of Justice Antitrust Division announced on February 3, 2023, that it has withdrawn from three guidance documents, issued in 1993, 1996 and 2011.  The reason given was that the guidance documents were deemed “obsolete.”

The most significant aspect of this announced withdrawal is that each document provided certain “safety zones” for health care providers.  Simply stated, if a company complied strictly…

Read More US DOJ Antitrust Division Withdraws Safety Zones

Partner Benjamin Diessel, Senior Counsel Robert Langer and Associate Zeynep Aydogan authored a piece titled, “FTC Merger Policy Shifts May Spur Uncertainty And Risk” for Law360. The article discusses the recent measures that the Federal Trade Commission has taken to “reshape its enforcement priorities for review of mergers and acquisitions.”

Traditionally, new policies have been adopted jointly by the FTC and the U.S.

Read More “FTC Merger Policy Shifts May Spur Uncertainty And Risk”

The Federal Trade Commission (“FTC” or “Commission”) has recently taken bold measures to reshape the Commission’s enforcement priorities for review of mergers and acquisitions. The FTC shares jurisdiction over such reviews with the United States Department of Justice (“DOJ”). Accordingly, new policies have historically been adopted jointly by the FTC and DOJ. Several recent actions of the FTC, however, have been undertaken unilaterally in a stark…

Read More The FTC’s Recent Unilateral Changes in Its Merger Policies Creates Both Uncertainty and Increased Risk