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Mergers and Acquisitions

DVT and the Limitations of ‘Local Nexus’ Test in India
 |  Nov 10, 2024

By Anisha Chand1 & Tanveer Verma2   On September 10 2024, the amendments to the Indian Competition Act, 2002 (Competition Act) regarding merger control came into force. A significant amendment…

Antitrust Lessons for Healthcare Roll-Ups – and Everyone Else
 |  Sep 12, 2024

By Lauren F. Dayton & Swara Saraiya1   The Federal Trade Commission made big news in September 2023 when it filed a complaint against a major anesthesiology provider, U.S. Anesthesia…

Serial Acquisitions: A Framework for Analysis
 |  Sep 9, 2024

By Sha’ista Goga1   I. Introduction Enforcement agencies have amended laws and guidelines in recent years to deal with mergers that do not affect competition individually, but do on a…

Cross-Border Mergers and Acquisitions: Timing is Everything when Mexico is Involved
 |  Sep 3, 2024

This article explores the complexities and challenges of cross-border mergers and acquisitions between Mexico and the United States, emphasizing the significance of antitrust laws and regulatory frameworks. The surge in…

The Inconsistent Influence of U.S. Antitrust on Canadian Competition Law
 |  Sep 3, 2024

When shaping Canadian competition law, Canadian legislators and enforcers historically have canvassed comparative experience, including most prominently that of the U.S., but have typically concluded that distinct circumstances in Canada,…

Contagious Presumptions: Will U.S. Antitrust Transform Canadian Merger Review?
 |  Sep 3, 2024

Canada’s Competition Act has recently been substantially reformed through a wide-ranging set of amendments. Among these, merger reviews are now subject to a structural presumption that encodes in statute the…

The Talent Trap: Acqui-Hires and Non-Competes from an Antitrust Perspective
 |  Aug 8, 2024

Competition authorities worldwide have shown an increasing interest in labor markets in recent years. Historically, they have focused on three anti-competitive practices in labor markets: no-poach agreements, wage-fixing agreements, and…

From “We gotta go now” to “Magnets, how do they work”: The Popular Music Counterparts to U.S. Merger Enforcement Trends
 |  Aug 8, 2024

Popular music and the antitrust laws governing mergers may seem like strange bedfellows. But the same tides that affect our attitudes towards popular music wash over antitrust merger law. When society is in a restrictive…

China Releases Consultation Draft for Horizontal Merger Review Guidelines
 |  Jul 21, 2024

By Michael Han, Bivio Yu & Arthur Wong1   On June 17, 2024, China’s State Administration for Market Regulation (“SAMR”) released the Guidelines for the Review of Horizontal Mergers (“Consultation…

Antitrust Focus on Private Equity Funds and Serial Acquisitions
 |  Jun 28, 2024

Until relatively recently, private equity buyers were viewed as largely benign. Where antitrust regulators expressed concerns with private equity buyers, it was generally in the context of them being viewed…

Private Equity Roll-Ups Amidst Heightened Antitrust Enforcement
 |  Jun 28, 2024

In the last few years, the Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) have increasingly set their sights on serial acquisitions in fragmented markets, colloquially…

Notification and Enforcement of Pe-Backed Consolidation
 |  Jun 28, 2024

Private equity faces increasing scrutiny from antitrust authorities. Recently, the Federal Trade Commission sued a large financial sponsor and its portfolio company over a long series of acquisitions that allegedly…

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