Legal News

Critics of modern antitrust enforcement have been building momentum towards antitrust reform over the last several years. In the first week of February 2021, several members of Congress signaled that bipartisan legislative efforts are on the table for the new Congress......By: WilmerHale

On February 2, 2021, the Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Effective March 4, 2021, the lowest size-of-transaction filing threshold (also known as the “$50 million threshold”) will decrease from the current $94 million to $92 million....By: WilmerHale

In recent years, both Republican and Democratic-led antitrust agencies have pursued aggressive merger enforcement programs, litigating many cases and settling many more. However, “populist” and other progressive critics have urged the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (Antitrust Division) to be more aggressive in their merger enforcement. What might more aggressive enforcement look like in practice, with a Democratic-led FTC and Antitrust Division...

On September 3, 2020, the Department of Justice Antitrust Division (DOJ) updated its 2004 Merger Remedies Manual (see here). The updated Manual clarifies important aspects of the DOJ’s merger remedy practice about which there has been uncertainty....By: WilmerHale

The first half of 2020 was a busy time for antitrust in the United States. The Department of Justice (DOJ) and the Federal Trade Commission (FTC) implemented expedited procedures for reviewing collaborations during the COVID-19 pandemic; investigations and enforcement actions have not meaningfully slowed; and the agencies have published new Vertical Merger Guidelines....By: WilmerHale

Few lawyers would question the need to keep their clients apprised of negotiations with enforcers, particularly where merger approval hinges in the balance. A recent federal district court ruling, however, serves as a reminder that privilege protection is not a given for a lawyer’s factual updates to her client....By: WilmerHale

The Securities and Exchange Commission has adopted amendments to the disclosure requirements for business acquisitions and dispositions by a 3-to-1 vote (Commissioner Allison Herren Lee dissenting). The amendments modernize the regulatory framework...By: WilmerHale

The economic disruption caused by the COVID-19 pandemic has caused certain companies to rethink previously agreed-upon strategic transactions. Other companies, determined to close, have filed suit to compel wavering counterparties to complete planned...By: WilmerHale

The outbreak of COVID-19 and the efforts around the globe to contain its spread have resulted in dramatic business disruptions and economic turmoil, raising many new considerations for parties participating in proposed or pending M&A transactions and...By: WilmerHale

The Trump Administration recently proposed amendments to the regulations implementing the National Environmental Policy Act (NEPA) - the most significant of which are likely to face legal challenge. The proposed regulations aim to “modernize and...By: WilmerHale