Searching Content indexed under M&A/Private Equity by Bruce Sokler ordered by Published Date Descending.
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Not Just Mergers – FTC Highlights Commonly Missed HSR Reportable Transactions
The the PNO of the Federal Trade Commission recently issued a reminder about often overlooked "transactions" that may require notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended.
United States
18 May 2018
Despite Presence Of "Power Buyer," FTC Obtains Preliminary Injunction Of Proposed Physician Acquisition In North Dakota
While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny.
United States
21 Dec 2017
"No Shop" Clause Radioactive For Merger's "Failing Firm" Defense
Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies.
United States
25 Jul 2017
Federal Court Relies On "Evolving Landscape Of Health Care" Post-Affordable Care Act To Reject FTC Challenge To Hospital Merger
We find it no small irony that the same federal government under which the FTC operates has created a climate that virtually compels institutions to seek alliances such as the Hospitals intend here.
United States
18 May 2016
FTC Increases HSR Jurisdictional Thresholds
The Federal Trade Commission (FTC) announced on January 21, 2016 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act).
United States
25 Jan 2016
West Virginia AG Clears Merger Creating Second Largest Hospital Chain In The State With Conduct Remedy
The federal antitrust enforcement agencies have trumpeted their preferences for structural, as opposed to conduct, remedies as the solution to potentially anticompetitive mergers.
United States
4 Aug 2015
Divestiture Offer Fails To Save Merger Where FTC Wins On Market Definition Based On Customer Type
The case is one of the first major decisions for U.S. District Court Judge Mehta who was just confirmed last December.
United States
8 Jul 2015
Harm To Potential Competition Triggers FTC Merger Challenge
The Federal Trade Commission ("FTC" or "Commission") filed an administrative complaint last week challenging the proposed $1.9 billion merger of Steris Corporation ("Steris") and Synergy Health plc ("Synergy").
United States
5 Jun 2015
A Split FTC Accepts Fix-It-First Divestiture Remedy For Cigarette Merger
The U.S. cigarette industry is highly concentrated, with the three largest manufacturers controlling approximately 90% of the market, according to the FTC.
United States
29 May 2015
FTC Looks to Accelerate Oncology Drug Growth by Requiring Novartis to Divest Two Protein Inhibitors in Its Clinical Development Pipeline
The Federal Trade Commission ("FTC") on Monday completed its review of Novartis AG’s ("Novartis") proposed $16 billion acquisition of GlaxoSmithKline’s ("GSK") oncology drug portfolio with an announced consent decree that requires limited divestitures of BRAF- and MEK-inhibitor drugs used to treat melanoma, ovarian, colorectal, non-small cell lung, and other cancers.
United States
2 Mar 2015
Ninth Circuit Affirms FTC’s Challenge To Hospital-Physician Group Merger, While Rejecting Efficiencies And Health Care Quality Arguments
The United States Court of Appeals for the Ninth Circuit upheld a district court’s finding that a consummated hospital-physician group merger violated Section 7 of the Clayton Act.
United States
12 Feb 2015
Is 4-3 The New 3-2? FTC Continues To Target Pharmaceutical Mergers
The FTC has often stated that merger analysis requires more than a simplistic determination that high market concentration leads to anticompetitive effects.
United States
17 Apr 2014
DOJ Assistant Attorney General William Baer’s First Merger Challenge Confirms Continued Aggressive Merger Enforcement By Antitrust Division
The Antitrust Division of the Department of Justice HAS filed its first lawsuit challenging a merger under newly sworn-in Assistant Attorney General, William J. Baer.
United States
5 Feb 2013
Eleventh Circuit Upholds FTC’s Merger Ruling And Divestiture Order
Companies seeking safety in the black and white parameters of what constitutes a market participant should take note that even those lines can be blurred under the Clayton Act.
United States
17 Jul 2012
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