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Articles Posted in Mergers & Acquisitions

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Is it Time for Antitrust Lawyers to Pay Attention to Interlocking Directorates and Section 8 of the Clayton Act?

Authors:  Steven Cernak and Luis Blanquez Section 8 of the Clayton Act prohibits certain interlocking directorates between competing corporations. But while the prohibition has been around since 1914, most antitrust lawyers pay little attention to it, partly because companies can quickly resolve any issues voluntarily. Recent comments by the new…

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Merger Control in Russia

Authors: German Zakharov and Dmitry Domnin German Zakharov is a Partner of the Competition/Antitrust and Foreign Direct Investments Practices at ALRUD Law Firm. German supports clients on a wide range of antitrust issues: coordination of merger control transactions with Federal Antimonopoly Service of the Russian Federation (FAS Russia), cartel investigations,…

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Antitrust Merger Thresholds Increased and Merger Guidelines Being Updated; More Changes Coming Soon?

Authors: Steven J. Cernak and Luis Blanquez   As we have discussed in several recent posts, the FTC has made several changes to the merger antitrust review process. This month, the FTC made two more changes, one completely expected and one hinted at in other recent announcements. HSR Thresholds Updated…

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Meanwhile, the DOJ Antitrust Division Launches Merger Challenges in the Airline, Publishing, and Sugar Industries

Authors:  Steven Cernak and Luis Blanquez As we have reported numerous times (most recently here), the Federal Trade Commission has been making headlines with some controversial changes to U.S. merger review procedures, disputes over its voting rules, and personnel changes. But while the FTC was making headlines, the other federal…

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New York 21st Century Antitrust Act: The Donnelly Act might become European!

Author: Luis Blanquez “The legislature hereby finds and declares that there is great concern for the growing accumulation of power in the hands of large corporations. While technological advances have improved society, these companies possess great and increasing power over all aspects of our lives. Over one hundred years ago,…

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Draft Amendment to Chinese Antitrust Law Calls for Further Clarifications

Author: Yang Yang Ms. Yang is an Antitrust Partner at Fairsky Law Offices in Shangai. She is also a lecturer and researcher at China University of Political Science and Law. She authored a treatise on China Merger Control and is a member of the expert advisory team for Amendments to…

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FTC Continues to Unilaterally Repeal the HSR Merger Review Process

Author:  Steven J. Cernak The Federal Trade Commission continues to take subtle steps that, in total, will end up significantly changing the merger review process under the Hart-Scott-Rodino Act. We have already covered some of the earlier actions:  withdrawal of the 2020 Vertical Merger Guidelines, withdrawal of one long-standing HSR…

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Supply Chain Issues and Antitrust

Author:  Steven J. Cernak Remember when UPS ran TV commercials, complete with jingles, trying to make logistics something that everyone cares about? No need now. Now, everyone knows how supply chain issues can affect toilet paper supplies, microchips for cars and, perhaps, even make Santa late with toys and decorations…

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Antitrust Merger Control in China: Notifiable Transactions under the People’s Republic of China Anti-Monopoly Law

Author: Yang Yang. Ms. Yang is an Antitrust Partner at Fairsky Law Offices in Shangai. She is also a lecturer and researcher at China University of Political Science and Law. She authored a treatise on China Merger Control and is a member of the expert advisory team for Amendments to…

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The FTC withdraws Vertical Merger Guidelines. Will it take on big-tech small acquisitions next?

Authors: Steven Cernak and Luis Blanquez FTC Chairwoman Lina Khan keeps up her frenetic crusade to change the practice of antitrust enforcement. The new––and surely not last––change: the vertical merger guidelines. On Wednesday, September 15, 2021, the FTC held an open virtual meeting to discuss the following: Proposed Withdrawal of…