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The Antitrust Attorney Blog

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Antitrust for Kids: Back to School with Tough New Rules—The Draft Merger Guidelines

Author:  Molly Donovan You may remember Gordon—in many ways, he was dominant in the 5th grade, and though his behavior was questionable at times, he was very popular. I’m writing this story because Gordon is starting a new school year and has ascended to MIDDLE SCHOOL. Very cool, but very…

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Lessons from the FTC’s Settlement of the Amgen/Horizon Merger Challenge

Authors: Steven Cernak and Luis Blanquez In case you missed it on the eve of a holiday weekend, the FTC and several states settled their challenge of Amgen’s acquisition of Horizon last Friday. The case might have seemed like an odd one to antitrust and merger practitioners looking only at…

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How to Deal with U.S. Government Enforcers in Antitrust Investigations

Authors: Jon Cieslak & Molly Donovan Having recently defended an investigation brought by the U.S. Department of Justice Antitrust Division—which was closed without prosecution of our client—we had the opportunity to reflect on ways that lawyers can navigate the high-stakes interactions with government enforcers who are investigating antitrust or other…

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Still More “Suddenly Classic” Antitrust Cases from the New Merger Guidelines: General Dynamics, Marine Bancorporation and Procter & Gamble

Authors: Steven Cernak and Luis Blanquez As we explained in a prior post, the new draft merger Guidelines issued recently by the FTC and DOJ cite to several older court opinions that may be unfamiliar to antitrust practitioners who have been focused for decades exclusively on earlier versions of the…

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More “Suddenly Classic” Antitrust Cases from the New Merger Guidelines: Philadelphia National Bank and Pabst

Authors: Steven Cernak and Luis Blanquez As we explained in a prior post, the new draft merger Guidelines issued recently by the FTC and DOJ cite to several older court opinions that might not be familiar to antitrust practitioners who have been focused for decades exclusively on earlier versions of…

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Agencies Issue New Draft Merger Guidelines and Create More Classic Antitrust Cases

Authors: Steven Cernak and Luis Blanquez On July 19, 2023, the FTC and DOJ Antitrust Division issued the draft of their long-anticipated Merger Guidelines. Like prior iterations, these Guidelines are meant to explain to potential merging parties how the agencies will evaluate their proposed transactions. Earlier versions included input from…

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The FTC Keeps Digging Its Own Grave: Microsoft-Activision Merger Deal Can Move Ahead Says Federal Judge in California

Authors: Steve Cernak and  Luis Blanquez This week a federal judge in California denied a preliminary injunction to block Microsoft’s $68.7 billion merger with Activision Blizzard Inc. Both parties may now move ahead and close the deal––subject to further clearance in the UK and Canada––before the July 18 contractual deadline.…

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End of an Era: The FTC Proposes Significant Changes to the HSR Form

Authors: Steven Cernak and Luis Blanquez During the last week of June 2023, the Federal Trade Commission proposed making the most drastic changes to the Hart-Scott-Rodino form since the form was created in 1978. According to FTC Chair Lina M. Khan’s statement, joined by Commissioners Rebecca Kelly Slaughter and Alvaro…

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Antitrust for Kids: As Rivals Become Friends, The Government Gets Angry (The PGA Mini-Golf Tale Continued)

Authors:  Molly Donovan & Luke Hasskamp You may recall Liv, age 8—the new kid. Last we heard, Liv was getting pushed around by Paul, Greg and Adam (“PGA” for short) because she dared to build a mini-golf course in an attempt to challenge PGA’s longstanding position as the best and…

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If I Were You…I’d Listen to this Podcast about Antitrust in Employment Markets in the UK and EU

Author: Molly Donovan A new episode of the “If I Were You” podcast is ready! You can listen to it here. Featuring guest host Luis Blanquez and guest commentators Andreas Reindl and Marc Freedman of Van Bael & Bellis, a leading independent firm based in Brussels and London with an…