The potential for antitrust challenges brought by the Federal Trade Commission (“FTC”) or the United States Department of Justice (“DOJ”) is well known among deal-making parties. However, parties should also keep in mind two lesser-known antitrust issues when seeking to complete their merger: (1) the potential for private merger challenges; and (2) the increased likelihood of becoming engaged in multi-district litigation in the post State
Read More Private Merger Challenges and SAEVA — What Merging Parties Need to KnowMerger Review
Trump 2.0 — Back to the Future?
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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?FTC Finalizes Dramatic Changes to HSR Premerger Filing
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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 Finalizes Dramatic Changes to HSR Premerger FilingNew DOJ Safe Harbor Policy Aims to Incentivize Timely Disclosure of Criminal Misconduct Discovered During Mergers and Acquisitions
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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 AcquisitionsThe Federal Trade Commission and the U.S. DOJ Antitrust Division during the Biden Administration Have Significantly Ramped Up Antitrust Enforcement: Non-Antitrust Lawyers Beware!
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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!The FTC has Recently Substantially Elevated its Focus upon Both Private Equity and Interlocking Directorates
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On August 16, 2023, the Federal Trade Commission announced that it has settled, via a proposed consent order, a pending antitrust investigation into a proposed acquisition in which a private equity firm, Quantum Energy Partners (“Quantum”), was integrally involved with natural gas producer EQT Corporation (“EQT”).[1] The conduct remedies include Quantum agreeing to relinquish seats on a competitor’s board, which is particularly important for…
Read More The FTC has Recently Substantially Elevated its Focus upon Both Private Equity and Interlocking DirectoratesFTC Proposes Dramatic Changes to HSR Premerger Filings, as Agencies Unveil New Merger Guidelines
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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 Guidelines2022 M&A End Year Report
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As we continue in another year of growth, we want to assure you that we are here to provide timely, cost effective and thoughtful legal counsel to a diverse client base. Attached is our M&A practice year end review. We trust you will find it both interesting and a reflection of our expertise as we look forward to the year ahead.
To read more, please…
Read More 2022 M&A End Year Report“FTC Merger Policy Shifts May Spur Uncertainty And Risk”
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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”Global Merger Control in the New Millennium
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The European Commission’s prohibition of the merger of General Electric Co. and Honeywell Inc. portends a potentially troubling future for the review and approval of mergers, acquisitions and joint ventures throughout the world.
The transaction passed antitrust muster in the United States, but it encountered insurmountable opposition at the E.U. From numerous published reports, it appears that the competition methodology utilized by the EU differs…
Read More Global Merger Control in the New Millennium