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Is Vertical the New Horizontal for FTC Merger Enforcement? Recent Agency Challenges and the Way Forward | WilmerHale

Since March 2021, the Federal Trade Commission (FTC or Commission) has challenged three proposed acquisitions based on vertical competitive concerns. The parties in two of those. ....

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United States Antitrust Overview

Before reviewing key developments in the antitrust enforcement of M&A in the United States over the past year, it is helpful to begin… ....

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U.S. Supreme Court Upholds FCC's Relaxed Media Ownership Rules, Opening The Door For More Deals And Possible Antitrust Scrutiny | Morrison & Foerster LLP

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M&A in the media industry is about to pick up. Recently, the U.S. Supreme Court upheld the U.S. Federal Communications Commission’s (FCC) 2017 rollback of media ownership limits. Media companies that once avoided specific acquisitions due to regulatory ownership limits may now take a second look. But passing through FCC review is only part of the equation, with the U.S. Department of Justice Antitrust Division (DOJ) and many State Attorneys General frequently taking a hard look at deals in this sector. The Supreme Court’s decision affirming the FCC’s relaxation of its ownership limits means that antitrust scrutiny may now play a larger role in the clearance of media mergers as media companies look to make acquisitions past the FCC’s prior limits. ....

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With Enforcers Locked Onto Tech And Antitrust – What Does It Mean For M&A? - Anti-trust/Competition Law

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With antitrust enforcement of the technology sector making
headlines daily, and as lawmakers focus on strengthening and
potentially reforming antitrust laws as a tool to regulate the tech
industry, we anticipate a significant increase in scrutiny by US
federal antitrust authorities of vertical mergers,
1
including merger of complements and so-called diagonal
mergers in the technology sector. Notwithstanding the
current challenges of vertical merger enforcement,
2 on
June 30, 2020, the Federal Trade Commission ( FTC ) and
the Department of Justice ( DOJ ) issued guidelines (the
Vertical Merger Guidelines )
3 describing the ....

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Enforcers Are Locked onto Tech and Antitrust – Impacts on M&A

Wednesday, April 28, 2021
With antitrust enforcement of the technology sector making headlines daily, and as lawmakers focus on strengthening and potentially reforming antitrust laws as a tool to regulate the tech industry, we anticipate a significant increase in scrutiny by US federal antitrust authorities of vertical mergers,
[1] including merger of complements and so-called “diagonal mergers” in the technology sector. Notwithstanding the current challenges of vertical merger enforcement,
[2] on June 30, 2020, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) issued guidelines (the “Vertical Merger Guidelines”)
[3] describing the practices, techniques and enforcement policies the agencies use to evaluate vertical mergers, and on December 22, 2020, the FTC issued additional guidance on Vertical Merger Enforcement (the “Commentary”). ....

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