DOJ’s message to merger parties: don’t play games.
HSR process matters. AI “disruption” theories need evidence. Structural remedies remain the default. And if the Division isn’t persuaded, it is ready to litigate.
Read what Assefi’s remarks mean for deal strategy:
The "new" HSR Rules live for another day: The Fifth Circuit just granted the FTC’s motion for an administrative stay of the district court’s judgment vacating the FTC’s updated HSR premerger notification form requirements, pending further order of the court.
Overemployed, working simultaneously at competing firms while having access to competitively sensitive information? That’s not a career move, that’s a walking antitrust law violation. https://t.co/RwBaaQy1am
As of today, the new merger form is now in effect.
It will equip @FTC and @JusticeATR to more efficiently spot illegal deals.
Enforcers will now have greater visibility into roll-up schemes by private equity & others, stealth acquisitions by big tech firms, and financial subsidies from China and certain other countries.
In case you snoozed on it: The FTC tried to stop the world’s biggest mattress maker from buying the biggest mattress retailer. The court said, “Nah, let them tuck in together.”
This contrasts with Tapestry/Capri (2024), where the FTC successfully argued for an "accessible luxury" handbag market. Courts may be more likely to accept industry-based distinctions than arbitrary pricing thresholds.