Kevin Frazier[1] I. The Forgotten Public Interest Standard Imposed on the FTC The Federal Trade Commission (“FTC” or the “Commission”) does not have a limitless jurisdiction.[2] Prior to issuing a...

As Canada grapples with the impacts of COVID-19, Canadian businesses face a number of unprecedented challenges. The Competition Bureau recognizes that the exceptional circumstances surrounding the COVID-19 pandemic may call for the rapid establishment of business collaborations of limited duration and scope to ensure the supply of products and services that are critical to Canadians. […]

Mylan and Upjohn (a Pfizer company) revealed they have delayed the transaction due to meeting restrictions and concerns over staff health and safety during the COVID-19 pandemic. The deal is now expected to close in the latter half of 2020. “Mylan, Pfizer and Upjohn are working closely on integration planning and are making significant progress […]

The Federal Trade Commission and the US Department of Justice Antitrust Division today issued joint statement detailing an expedited antitrust procedure and providing guidance for collaborations of businesses working to protect the health and safety of Americans during the COVID-19 pandemic. The expedited procedure notes, for example, that health care facilities may need to work together […]

Commissioner of Competition Matthew Boswell issued the following statement today regarding the Competition Bureau’s enforcement during the COVID-19 coronavirus situation: “As Canada responds to the COVID-19 coronavirus situation, I would like to assure Canadians that the Competition Bureau remains vigilant against potentially harmful anti-competitive conduct by those who may seek to take advantage of consumers […]

Federal Trade Commission Executive Director David B. Robbins issued the following statement: The FTC is taking a variety of measures to respond to the new and challenging circumstances associated with the COVID-19 coronavirus crisis.  Our two main priorities, as always, are: the health and safety of our people, their families, and the entities and individuals […]

US antitrust officials are set to announce steps to speed approvals for companies that want to team up to help provide needed supplies to combat the coronavirus outbreak, according to Bloomberg.  The Justice Department’s antitrust division and the Federal Trade Commission plan to announce a joint effort as soon as Monday to shorten reviews of […]

Amazon.com Inc has started asking customers to cooperate with a Department of Justice criminal investigation of third-party sellers on its e-commerce marketplace, according to an email seen by Reuters. The company is informing customers, who may have purchased products from such sellers, according to the email sent by Joell Parks, a senior law enforcement response […]

The coronavirus pandemic has virtually eliminated shaking hands. Its economic impact now has investors doubting whether many companies which shook on mergers and acquisitions will see them completed.  Traders and fund managers say the spread between agreed deal prices and subsequent trading in the stock of the acquisition targets is the widest they have come […]

By Anna Konradi Behrmann, Andrew Dettmer & Kathy Osborn (Faegre Drinker Biddle & Reath LLP) Businesses are taking drastic measures to protect consumers and employees during the COVID-19 (commonly referred to as the coronavirus) outbreak, and they are utilizing trade associations and other meetings with competitors to learn about best practices and strategies for protecting […]

National US law firms Troutman Sanders and Pepper Hamilton have postponed their agreed merger to July 1 in response to the coronavirus pandemic. The move comes in the same week that the leaders of Faegre Drinker praised their staff for their response to a crisis that erupted just days after the merger between Faegre Baker […]

With the final hurdle for their $63 billion merger cleared in the EU, AbbVie and Allergan were in the home stretch to close the deal. Then the novel coronavirus took off, and now that merger could be further out of reach as regulatory bodies prepare to pump the brakes.  AbbVie and Allergan’s pending merger may face a […]