Topic
Merger Enforcement
38 published works
Blog of Reason
FTC Foregoes Administrative Proceeding Option, Indicating Procedural Changes to Merger Enforcement are Underway
By Benjamin H. Diessel, Gabriella E. Bensur, Robert Langer, Caitlyn Doerr
A recent case commenced by the Federal Trade Commission (FTC) challenging a merger directly in federal court has contradicted longstanding expectations regarding the agency’s merger enforcement process. The FTC has…
Retail & Consumer Products Law Observer
FTC Updates September 2 – 26, 2025
By Kristin Madigan, Joanna Rosen Forster, Tiffany Aguiar, Isabella Ordorica, Kaylah Alexander, Geena Roberts, Nicholas Pung
Due to the government shutdown, the FTC is closed aside from essential services. Therefore, Crowell’s FTC updates will resume after the shutdown ends. The FTC proposed recommendations to rescind and…
The CLS Blue Sky Blog
Davis Polk Discusses Colorado and Washington State’s Enactment of General Premerger Notification Laws
By Meytal McCoy, Sheila R. Adams James, Gil Ohana, Ilana M. Rice, Nathaniel L. Asker
In June 2025, Colorado became the second state after Washington State to enact a general premerger notification statute.1 Both statutes require certain parties to transactions that are reportable to the federal…
The CLS Blue Sky Blog
Davis Polk Discusses the Return of Antitrust Remedies in Merger Settlements
By Nathaniel L. Asker, Suzanne Munck Af Rosenschold, Gil Ohana, Ilana M. Rice, Jesse Solomon
The FTC and DOJ recently announced the first settlements of merger enforcement actions reached under the second Trump administration. These actions follow comments from leadership at the antitrust agencies expressing…
The CLS Blue Sky Blog
Paul Weiss Discusses Potential Merger Enforcement Changes in the Trump Administration
By Katharine R. Haigh, Scott A. Sher, Christopher M. Wilson, Mark R. Laramie, Sahil Sheth
With the change of administrations in January 2025, antitrust enforcement priorities are likely to shift next year. We expect the Antitrust Division of the Department of Justice (DOJ) and Federal…
The CLS Blue Sky Blog
Wachtell Lipton Discusses U.S. M&A Antitrust Enforcement for 2023 and the Year Ahead
By Ilene Knable Gotts, Nelson O. Fitts, Damian G. Didden, Christina C. Ma, Monica L. Smith
In 2023, leadership of the Federal Trade Commission and the Antitrust Division of the Department of Justice maintained an aggressive approach to merger enforcement, investigating and challenging transactions on the…
Covington Competition
Recently Published FTC Data Confirm Historically Low Number of Merger Enforcement Actions
On November 3, 2023, FTC Chair Lina Khan sent a letter addressed to Representative Thomas P. Tiffany describing the FTC’s merger enforcement program during her tenure at the agency. The…
Delaware Business Dispute Blog
Section 220 Inspection Demand to Investigate Merger Process Granted
By Carl D. Neff
Books and records inspection demands commonly arise in connection with a major transaction of a Delaware corporation, including a merger. The decision of Kosinski v. GGP, Inc., C.A. No. 2018-0540-KSJM…
Cleary Antitrust Watch
Antitrust Review U.S. Edition, Episode 2: Litigation and Merger Control Enforcement in the U.S.
In the second episode of a three-part series on U.S. antitrust enforcement, host Nick Levy interviews Cleary Gottlieb colleagues Dave Gelfand and Heather Nyongo’o about U.S. antitrust and merger litigation,…
Life Sciences Perspectives
United States: FTC Looks Set To Open Up New Enforcement Front (Global Competition Review)
Recent merger enforcement in the pharmaceutical space continues to follow traditional principles and modes of analysis. However, with a new 3-to-2 Democratic majority, it is increasingly likely that the Federal…