Tag: Antitrust
Spooky Season: Merger Agreements Rise From the Dead in Verisk Ruling
The Delaware Court of Chancery’s recent decision in Verisk Analytics, Inc. v. ExactLogix, Inc. d/b/a AccuLynx.com sheds light on how the Delaware courts will interpret contractual language, balance equities and grant specific performance. The outcome of this case should move the specific performance provision out of the merger agreement’s “boilerplate” […]
DOJ Announces ‘Historic’ $250 Million Penalty for HSR Filing Violations
On August 26, 2026, the US Department of Justice (DOJ) announced a proposed settlement with private equity firm KKR & Co. to resolve a complaint alleging repeated and “systemic” Hart-Scott-Rodino (HSR) Act violations. Under the settlement, KKR will pay a “historic” civil penalty of $250 million – “more than 20 […]
FTC, Requiring Divestitures, Approves Final Consent Decree in Ascension/AmSurg Deal
On August 25, 2026, the Federal Trade Commission (FTC) announced it had finalized a consent order resolving antitrust concerns arising from Ascension Health Alliance’s $3.9 billion acquisition of AmSurg. This order arrives against the backdrop of heightened FTC attention to the healthcare sector. In March 2026, FTC Chairman Andrew Ferguson directed the […]
FTC Court Win Blocks Henkel’s Acquisition of Liquid Nails
On August 17, 2026, the Federal Trade Commission (FTC) announced it had secured a win in court to block the merger of two of the largest construction adhesive brands. The ruling is a significant triumph for the FTC and a useful data point for dealmakers evaluating how the agency is litigating […]
FTC Secures Record $12 Million Penalty for HSR Violation
On July 13, 2026, the Federal Trade Commission (FTC) announced that Edwards Lifesciences and Genesis MedTech Group agreed to pay a combined civil penalty of $12 million to settle allegations that they intentionally structured Edwards’ acquisition of JC Medical, a subsidiary of Genesis, to avoid premerger reporting requirements under the Hart-Scott-Rodino (HSR) […]
2026 Antitrust Outlook: Learnings From the First Year of ‘America First’ Enforcement
Following the transition to the second Trump administration, the Department of Justice (DOJ) and Federal Trade Commission (FTC) pivoted toward a more “business-friendly” posture in many respects, while pursuing other aggressive theories of harm, reminiscent of the Biden-era antitrust enforcers. The strategic shift toward an “America First Antitrust” policy in […]
FTC Issues 2026 HSR Filing Thresholds, Fee Adjustments and Interlocking Directorate Updates
The Hart-Scott-Rodino (HSR) Act thresholds, which determine whether mergers and acquisitions must be reported to the US Department of Justice (DOJ) and Federal Trade Commission (FTC), will increase by nearly 6% in February 2026. The key minimum “size-of-transaction” threshold will increase from $126.4 million to $133.9 million. These annual adjustments, announced […]
US Government Shutdown Impact on Antitrust Enforcement – Expect Delays in Merger Review, Investigations, Litigation
With the US federal government now shut down until Congress passes funding legislation, federal agencies have begun furloughing employees. Those furloughs will impact the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) – the federal agencies tasked with enforcing antitrust laws. Key takeaways: Please see the […]
Shifting Sands – Recent Developments in UK Merger Control
The UK’s Competition and Markets Authority (CMA) is taking significant steps to update its approach to merger control following both the coming into force of the Digital Markets, Competition and Consumers (DMCC) Act on 1 January 2025 and the most recent strategic steer from the UK government. While the DMCC […]
Antitrust in 2025: Shifting Sands and What to Expect
In the US, the election of Donald Trump for a second term has significant implications for antitrust enforcement at the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC). New leadership is expected to implement an agenda that hews more closely to traditional antitrust norms […]