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The merger landscape in the United States is shifting once again. After a period marked by stricter antitrust enforcement and skepticism toward merger transactions, recent developments suggest a renewed openness to structural remedies, such as divestitures, to resolve competitive concerns.
Mergers and acquisitions continue to be a critical strategy for banks aiming to bolster their market presence and operational efficiency. Given the sizable number of market participants and an easing regulatory outlook, we expect to see a surge in banking merger and acquisition (M&A) activity as we look ahead towards 2025 and.
This LawFlash sets out the key features of the new UAE merger control regime, which recently came into effect. On 20 January 2025, the UAE government issued a ministerial decree (Decree) stipulating the threshold amounts for obtaining prior approval under the new merger control regime in the UAE. The Decree came. By: Morgan Lewis
Hot on the heels of the UK governments February 2025 draft "strategic steer", the Competition and Markets Authority (CMA) has published a new Mergers Charter. The Charter details principles the CMA will apply when engaging with businesses during a merger review, and what it expects from businesses in return.
On May 20, federal merger policy took a sharp turn as the FDIC voted to rescind its 2024 merger guidelines, and the U.S. House passed a Congressional Review Act (CRA) resolution to repeal the OCCs 2024 merger rule. By: Sheppard Mullin Richter & Hampton LLP
The Competition and Markets Authority (CMA) has launched a consultation on proposed changes to its mergers guidance on jurisdiction and procedure (CMA2) and its mergers notice template. By: A&O Shearman
In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak of the Federal Trade Commission (FTC) discussed aspects of their respective agency’s approach to merger enforcement.
Recent developments have made navigating multinational antitrust merger reviews even more complex and replete with traps for the unwary. By: WilmerHale
The UKs Competition & Markets Authority (CMA) is taking significant steps to evolve its approach to merger control, introducing a new Mergers Charter and launching a review of its merger remedies framework.
The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage for the settlement of various underlying shareholder actions involving allegations of undisclosed conflicts of interest in connection with a merger.
A recent decision of the Delaware Court of Chancery reinforces the importance of deal certainty, particularly when it comes to efforts-based covenants in merger agreements. In Desktop Metal Inc. Nano Dimension Ltd., the Court considered whether a buyer breached its obligations by not diligently pursuing regulatory approvals.
As the global markets look towards 2025, a dynamic evolution is anticipated within the landscape of mergers and acquisitions (M&A). Key strategic drivers such as regulatory adjustments, monetary policy normalizations, and technological advancements are set to steer the course of M&A activities.
In FY 2024/25, UK merger control underwent significant changes, including important statutory amendments, updates to the Competition and Market Authority’s (CMA) rules and an apparent shift in focus when reviewing mergers to ensure that the CMA contributes to the UK government’s policy of creating growth. By: WilmerHale
In the wake of the recent major revisions to the federal merger review form, states are also getting into the act, creating broad new transaction notification requirements. Such notification requirements are not completely new, as 15 states have had merger notification laws for healthcare transactions for many years.
When business owners contemplate transitioning to their next venture or life phase, strategically combining a sale-leaseback transaction with a merger and acquisition (M&A) deal can unlock substantial value and optimize outcomes for the seller.
As part of the merger, Run:ai said its software, which currently only works with Nvidia products, will be open sourced, meaning Nvidia rivals like AMD and Intel will be able to adapt it for their hardware. Nvidia has completed its acquisition of Run:ai, an Israeli startup that helps manage and optimize AI hardware infrastructure.
In the fast-paced world of mergers, acquisitions, asset sales, and private equity transactions, the excitement of growth can overshadow critical compliance details. However, unaddressed I-9 compliance issues in any M&A deal may lead to civil penalties, government inquiries, and workforce disruptions. Therefore, businesses acquiring U.S.
Department of Justice, Antitrust Division (Division) reached a settlement with Hewlett Packard Enterprise (HPE) and Juniper Networks (Juniper), allowing their $14 billion merger to proceed. Shortly before the scheduled start of the trial, the U.S.
The European Commission determined that if the merger went through, other […] 2024 TechCrunch. The EU came to a unanimous decision today that Nvidia could go ahead with its acquisition of Israeli GPU orchestration platform Run:ai, according to reporting from Bloomberg. All rights reserved. For personal use only.
Deputy Assistant Attorney General (DAAG) Bill Rinner’s stated goal for his June 4 speech was to provide insight into how the Department of Justice, Antitrust Division, will “handle merger review to ensure procedural fairness and robust enforcement.”
Our review of the European Commission’s current approach to merger enforcement in chemical, steel and other basic industries—and thoughts on how to plan transactions accordingly.
In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an acquisition by a foreign company. successor liability based on previous or ongoing violations by the target company; 2.
The House Financial Services Committee voted to include a provision in the 2025 budget reconciliation bill that would abolish the PCAOB. The proposal would reassign PCAOB functions to the SEC. By: Cooley LLP
In a recent address to the International Association of Privacy Professionals, Principal Deputy Assistant Attorney General Roger Alford outlined the Department of Justice (the DOJ or Department)'s evolving strategy for antitrust enforcement in digital markets.
Today, it stands not only as a cultural and historical beacon but also as a vibrant hub for global business, mergers, and acquisitions. Korea, known for its rich culinary heritage, fascinating history, and renowned hospitality, has long rendered Seoul a favored travel destination.
The Saudi General Authority for Competition (GAC) continues to develop its antitrust and competition regulatory framework to bring it in line with international standards.
In its first application of the policy on voluntary self-disclosures (“VSDs”) in connection with mergers and acquisitions (“M&A”), on June 16, 2025, the US Department of Justice’s (“DOJ”) National Security Division (“NSD”) announced that it had declined to prosecute a US private equity firm after it voluntarily disclosed criminal violations of (..)
These efforts present both challenges and opportunities, particularly when navigating government approvals, foreign exchange, merger control, and tax filing requirements in the People’s Republic of China (PRC). Understanding these factors is crucial for ensuring a smooth and compliant restructuring process.
The Government has made the notification rules which determine the circumstances in which 2026 transactions will need to be notified to the Australian Competition and Consumer Commission (ACCC) under the new Part IVA of the Competition & Consumer Act 2010 (Cth) (CCA).
On 4 June 2025, Colorado became the second state—following the state of Washington—to enact a broad, state-level, industry-agnostic premerger notification regime.
On January 31, 2025, the U.S. District Court for the Southern District of Texas denied the Federal Trade Commissions request for a preliminary injunction to block Tempur Sealys (the worlds largest mattress manufacturer) proposed acquisition of Mattress Firm (the largest U.S. mattress retailer with over 2,300 stores).
The Delaware Supreme Court’s June 17, 2025 decision in In re Columbia Pipeline Group Merger Litigation reversed a $199 million damages award against TC Energy for aiding and abetting breaches by fiduciaries of Columbia Pipeline Group relating to TC Energy’s acquisition of Columbia Pipeline.
When analyzing mergers and acquisitions (M&A) in the European Union and related pitfalls that may arise, strategic and institutional investors should remember that, while the EU legal framework is harmonized in several fields, M&A transactions and contractual relationships in general are still very much driven by the local rules applicable (..)
Since the FTC’s updated HSR rules took effect, merger filings have become more complex, time-consuming, and risk-sensitive. In this brief video, Antitrust Partner Kara Kuritz explains how the new framework is changing the way companies prepare for and navigate merger review — and what executives and policymakers need to know to stay ahead.
These include the likelihood of a more merger friendly regulatory environment in the United States for cross-border transactions, lower inflation, stabilized interest rates, a continued surplus of institutional capital and the necessity of private equity groups to effect exits.
In the high-stakes world of mergers and acquisitions, minority shareholders must proceed judiciously. While transactions may have the power to reshape entire industries and create tremendous value, such arrangements can be particularly tough for those individuals with smaller stakes in the company being sold.
The regulators allege that the merger is anticompetitive, violating Section 7 of the Clayton Act and Section 5 of the FTC Act. Illinois Attorney General (AG) Kwame Raoul and Minnesota AG Keith Ellison have joined the Federal Trade Commission (FTC) in a lawsuit to block the acquisition of Surmodics Inc. By: Troutman Pepper Locke
In a merger control environment that has been steadily evolving over the past several years, M&A parties can less and less rely solely on traditional notification thresholds to assess filing obligations and antitrust risk.
The renewable energy sector represents one of the most dynamic areas for mergers and acquisitions (M&A), driven by the global shift toward sustainable energy sources and carbon reduction goals.
Starting today, February 10, 2025, all merger filings will be subject to new Hart-Scott-Rodino (HSR) rules. The new HSR rules will fundamentally alter the premerger notification process, and substantially increase the burden on filing parties, who will need to provide significantly more information and documents with their initial filings.
The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than the number of deals reported in the same period last year.
In the merger and acquisition (M&A) landscape, it is crucial to consider factors beyond the transaction itself, as the 2025 calendar year is already underway. Evaluating how potential 2025 tax changes and any changes beyond that might impact transactions can help prevent unforeseen challenges and liabilities. By: Ankura
We consider the tax and legal implications of a merger. In todays episode, we discuss financial challenges facing many colleges and universities, such as declining enrollment, decreased funding, and restrictions that are associated with tax-exempt financing. By: Ballard Spahr LLP
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