The Federal Trade Commission’s (FTC) Bureau of Competition has issued new guidance relating to the merger filing process. Effective September 27, 2021, the FTC will recommend enforcement action for companies that fail to include debt to be paid at closing in calculating the transaction value for purposes of the HSR Act. With the risk of … Continue Reading
Following a period of relative leniency for pharmaceutical companies, a Multilateral Pharmaceutical Merger Task Force formed by key antitrust enforcement agencies has been established to review and update merger analysis. The task force includes representatives from the Federal Trade Commission (FTC), the Canadian Competition Bureau, the European Commission Directorate General for Competition, the UK’s Competition … Continue Reading
On April 22, 2021, the United States Supreme Court unanimously ruled that § 13(b) of the Federal Trade Commission Act does not permit the Federal Trade Commission (FTC) to seek, or a court to award, equitable monetary relief (e.g., restitution or disgorgement). This decision denies the FTC one of its most important enforcement tools, one … Continue Reading
The European Commission is contemplating changes to its 23-year-old Market Definition Notice. To this end, on 26 June 2020, the Commission launched a public consultation on the relevance of the Notice. Competition Commissioner Margrethe Vestager has said that the purpose of the consultation is to “adapt the Notice in the era of trade globalization and … Continue Reading
