New merger guidelines – more noise than guidance about government merger enforcement
On 19 July 2023, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the agencies) published draft “Merger Guidelines”, and asked for public comment. The title is in quotes because it
Big changes could be coming to the rules that govern the US premerger notification program. Recently proposed rules dramatically expand the information required for filings and substantially increase the burden and time...
New inflection point? US antitrust agencies see opportunity to change direction of antitrust law
Despite recent court losses, US agencies tasked with antitrust enforcement recently gathered to reiterate their strong commitment to disrupting the status quo in antitrust by using broad constructions of their own power, new
In a unanimous decision, the Supreme Court of the United States affirmed the existing right to challenge the constitutionality of the Federal Trade Commission (FTC) in federal court first, outside the agency’s...
Full year of FTC/DOJ progressive antitrust enforcement
2022 was the first full year in which the progressives were responsible for the operations of both federal antitrust enforcement agencies. It was an extremely busy year, including numerous litigated merger challenges,...