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Articles by Bradley J. Pierson
2024 Insights: Antitrust | JD Supra
As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge The DOJ and FTC continue to pursue an aggressive merger enforcement agenda with new merger guidelines and filing requirements. Companies can still close deals if they structure them to “go the distance” and have a solid litigation strategy.
As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge | JD Supra
Key Points New draft merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm. Proposed changes to HSR notification will make merger filings more burdensome while providing agencies with more information to assess mergers against the new guidelines.
Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews | JD Supra
Key Points Courtroom losses have not deterred the Department of Justice and Federal Trade Commission from challenging mergers based on novel interpretations of the antitrust laws, and we expect the agencies to continue to scrutinize deals aggressively. With time, however, the losses may undercut the agencies’ tough rhetoric and embolden companies. Already, the losses appear to have softened the regulators’ hostility toward remedies such as divestitures.
Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews
Key Points Courtroom losses have not deterred the Department of Justice and Federal Trade Commission from challenging mergers based on novel interpretations of the antitrust laws, and we expect the agencies to continue to scrutinize deals aggressively. With time, however, the losses may undercut the agencies’ tough rhetoric and embolden companies. Already, the losses appear to have softened the regulators’ hostility toward remedies such as divestitures.
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