Last Friday, the 67th American Bar Association Section of Antitrust Law Spring Meeting wrapped up in Washington, D.C., with the annual enforcers roundtable. Much of the discussion by the heads of leading competition authorities at the closing program was focused on competition issues raised by the world’s tech giants. The heads of the Department of…

The U.S. Court of Appeals in Washington, D.C. last week concluded that the government failed to prove that the combination of AT&T Inc. and Time Warner Inc. would violate Sec. 7 of the Clayton Act. A decision of the federal district court in Washington, D.C. denying the Antitrust Division’s request to enjoin the deal has been affirmed….

It just got more difficult for states to recover attorney fees when challenging mergers jointly with the Federal Trade Commission. If an injunction is issued under Sec. 13(b) of the FTC Act to block the merger, then a state joining the FTC in a suit to block the merger is foreclosed from seeking attorney fees and…

The Department of Justice Antitrust Division wrapped up its case to block AT&T Inc.’s proposed acquisition of Time Warner Inc. last week, and lawyers for the defendants told the federal district court in Washington, D.C. that the government “came nowhere close” to proving that the deal would violate Sec. 7 of the Clayton Act. “The government ……

The Justice Department’s challenge to AT&T’s proposed $108 billion acquisition of Time Warner Inc. is likely the biggest antitrust news story of the year. Much of the attention from the mainstream media has been focused on possible influence by President Trump on the Justice Department’s decision to seek divestitures of assets, such as CNN, to…

Complex transactions are subject to an increased level of antitrust scrutiny by competition authorities. This often results in extended waiting periods between signing and closing – it can nowadays be one year or even longer before the parties are able to implement the deal. For the acquiring company it is often important to start planning…

The European Commission increasingly issues large document requests in complex merger cases. The number of requested documents has increased significantly in recent years, from a few hundred to several hundred thousand, in particular in Phase I or Phase II cases that raise substantial issues. If the document request is issued during the formal proceedings, the documents…

Last July, the Department of Justice Antitrust Division filed two actions, challenging proposed mergers that would have reduced the country’s “big five” health insurers to three. Bench trials have been held in these matters. On Monday, Judge John Bates of the federal district court in Washington, D.C. preliminary enjoined  Aetna Inc.’s $37 billion attempt to…

Long-stalled efforts proposed by some federal lawmakers to bring “reform” to the FTC will likely be reintroduced in the 115th Congress. With a Republican majority in both the House of Representatives and Senate, and President Donald J. Trump in the White House, measures that could not get sufficient support in in the current Congress and…

When I concluded by summer of 2015 that our next President would be Donald Trump, my closest friends and associates were skeptical. Having grown up in the New York media market and reading the “Art of the Deal” after college, I studied Donald Trump because he was interesting. You are free to see it differently,…