Concern about protecting “nascent” competition is a hot topic in the antitrust world. In particular, enforcement authorities and others are expressing heightened interest in acquisiti...
On September 21, 2020, the Federal Trade Commission published a Notice of Proposed Rulemaking pertaining to pre-merger notification rules under the Hart-Scott-Rodino Act that was joined b...
The Department of Justice (“DOJ”) Antitrust Division recently updated its Civil Investigative Demand (“CID”) forms and deposition procedures to provide clear notice to CID recipie...
On September 3, 2020, the U.S. Department of Justice released its updated Merger Remedies Manual. The Manual emphasizes the DOJ’s strong preference for “structural” remedies (i.e.,...
On June 30, 2020, the U.S. Department of Justice and Federal Trade Commission released a final version of the agencies’ updated Vertical Merger Guidelines. The updated Guidelines are br...
Davis Polk partners Arthur Burke, Jesse Solomon and Micah Block and associates Janet Jones-Duffey and Keith Dore authored “A Range of Outcomes on Merger Challenges: Recent Developments ...
In addition to antitrust and other regulatory approvals, an increasing number of jurisdictions have now adopted FDI screening mechanisms. These aim to determine whether investments by for...
As part of continued action to address the economic upheaval caused by the coronavirus pandemic, the U.S. antitrust agencies issued further guidance yesterday regarding competitor collabo...
Effective today, the FTC and DOJ will resume processing requests for early termination of the HSR Act waiting period.In light of the success of the first two weeks of the temporary e-fili...
As the COVID-19 crisis continues to unfold, questions are arising concerning whether and to what extent firms may have greater latitude to collaborate with competitors to address public h...
