Archives: Merger Control

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FTC orders unwinding of consummated, non-reportable merger of microprocessor-equipped prosthetic knee companies

On November 1, 2019, the Federal Trade Commission (FTC) upheld the decision of an administrative law judge (ALJ), finding that the non-reportable acquisition of FIH Group Holdings, LLC (Freedom) by Otto Bock HealthCare North America, Inc. (Ottobock) was likely to substantially lessen competition. Ottobock and Freedom are both manufacturers of prosthetic knees, and they both … Continue Reading

Advent International has proposed an acquisition of Cobham plc, but why is the UK Government getting involved – and what are the implications?

On the grounds of national security, the UK Government made a surprising intervention in the U.S private equity firm Advent International’s proposed acquisition of Cobham plc, a British aerospace and defence company. Since the decision back in September to look into the acquisition, the UK Competition Market Authority has submitted a review to establish if … Continue Reading

What does the Competition and Markets Authority’s decision to impose a 10-year ban on the Sainsbury’s/Asda merger suggest for the future of UK competition law?

The recently proposed Sainsbury’s/Asda merger would have combined the second- and third-largest UK supermarkets. The merger would also have created the largest retailer of fuel by volume in the UK. The UK Competition and Markets Authority (CMA) decided to step in and concluded that the prohibition of the merger was the only way to go. Most … Continue Reading

Merger control and minority investments

A commonly held view is that merger control filings are not relevant for minority investments. On Friday, 5 July 2019, the UK Competition and Markets Authority (CMA) announced that it had issued an order to hold separate to Amazon.com Inc and Roofoods Ltd (trading as Deliveroo). We understand that Amazon had made an investment for … Continue Reading

Foreign investment control extends in Germany

The German government’s decision to tighten regulation around foreign investment control in Germany means that acquisitions by foreign companies are facing much greater scrutiny. The government’s amendments to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) means that the Federal Ministry for Economic Affairs and Energy will be able to inspect, and potentially prohibit, an acquisition … Continue Reading

FTC announces adjustments to 2019 HSR thresholds

On February 15, 2019, the Federal Trade Commission (FTC) announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (15 U.S.C. § 18a) (HSR). The new thresholds have increased the dollar amount required to trigger HSR notification for both the size-of-transaction test and the size-of-person test. Members … Continue Reading
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