JD Supra: Mergers

OCTOBER 16, 2024

FTC Expands Required Merger Disclosures Federal agencies are asking parties to open the hood of their pre-merger transactions a little wider. On Thursday, the FTC voted unanimously to adopt a final rule seeking to reign in an acquisition market that it saw as slipping away from antitrust oversight (the Final Rule).

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JD Supra: Mergers

OCTOBER 3, 2024

On September 17, 2024, the Antitrust Division of the United States Department of Justice (the “DOJ”) announced that it withdrew its 1995 Bank Merger Guidelines and instead, for purposes of evaluating the competitive impact of bank mergers, will rely on its 2023 Merger Guidelines, which apply to all industries.

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JD Supra: Mergers

SEPTEMBER 23, 2024

The Office of the Comptroller of the Currency (OCC) released guidance regarding its planned changes to the Bank Merger Act (BMA). The New Rule: Explicitly adds financial stability as a key factor for assessing mergers, reflecting the growing concerns about potential risks from mergers involving large or systemically important banks.

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JD Supra: Mergers

OCTOBER 30, 2024

On Thursday, October 24, 2024, a New York federal judge granted the Federal Trade Commission’s request for a preliminary injunction to halt the merger between Tapestry Inc. and Capri Holdings Ltd.

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JD Supra: Mergers

NOVEMBER 19, 2024

12 challenging the proposed merger between UnitedHealth Group (UHG) and Amedisys. In the latest effort to prevent vertical consolidation in the healthcare industry, the U.S. Department of Justice (DOJ) – along with the states of Maryland, Illinois, New Jersey and New York – filed a lawsuit on Nov. By: Holland & Knight LLP

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JD Supra: Mergers

OCTOBER 18, 2024

Regulators seek to provide clarity and transparency on the bank merger review process, but changes may increase application complexity and unpredictability. By: Latham & Watkins LLP

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JD Supra: Mergers

NOVEMBER 4, 2024

On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael Kors. Following several losses in recent merger enforcement challenges, the decision marks a noteworthy victory for the FTC.

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JD Supra: Mergers

SEPTEMBER 19, 2024

Yesterday, both the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) finalized new guidelines regarding bank mergers. According to the agencies, these updates aim to enhance transparency and provide clearer guidance on the evaluation of merger applications under the Bank Merger Act (BMA).

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JD Supra: Mergers

OCTOBER 4, 2024

On September 17, 2024, the Federal Deposit Insurance Corporation (“FDIC”) and the Office of the Comptroller of the Currency (“OCC”) issued final “statements of policy” for transactions subject to the Bank Merger Act (“BMA”). By: Paul Hastings LLP

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JD Supra: Mergers

JANUARY 4, 2024

Last month, the United States Department of Justice (DOJ) and Federal Trade Commission (FTC) issued the 2023 Merger Guidelines, a draft of which was published in July. The following summarizes the key takeaways from that panel.

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JD Supra: Mergers

SEPTEMBER 26, 2024

17, 2024, the Federal Deposit Insurance Corporation (FDIC) Board met to finalize an updated approach to increase scrutiny of bank mergers, particularly those that would result in a bank with over $100 billion in assets. These moves by regulators signal a new whole-of-government approach to competition in the banking sector.

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JD Supra: Mergers

SEPTEMBER 9, 2024

The EC’s review of the Illumina/Grail transaction was based on referrals from member states where the transaction did not meet the applicable. By: Skadden, Arps, Slate, Meagher & Flom LLP

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JD Supra: Mergers

OCTOBER 31, 2024

We had previously questioned whether the new approach to Article 22 EUMR followed by the EC would herald a new era in EU merger control, leading to an increased number of deals being reviewed, and more importantly an increased number of significant investigations. By: Dechert LLP

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JD Supra: Mergers

OCTOBER 28, 2024

The board of directors of any Delaware corporation proposing to merge is required under Delaware law to adopt a resolution approving the merger agreement. By: Farrell Fritz, P.C.

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Mergers M&A Corporation 161

JD Supra: Mergers

NOVEMBER 13, 2024

As we previously reported, the Federal Trade Commission (“FTC”) announced that it is amending and reorganizing the document requirements for pre-merger notifications under the Hart Scott Rodino Act (“HSR Act”), 15 U.S.C.

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Mergers Trading Business IT 167

JD Supra: Mergers

SEPTEMBER 23, 2024

On September 17, the DOJ announced its withdrawal from the 1995 Bank Merger Guidelines, stating the 2023 Merger Guidelines will be the only authoritative statement across all industries. This decision followed collaboration with the Fed, FDIC and OCC and was informed by public feedback, departmental experience and market developments.

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Mergers Banking Bank IT 161

JD Supra: Mergers

AUGUST 9, 2024

While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale.

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JD Supra: Mergers

OCTOBER 2, 2024

We consider the significance for companies active in digital markets of the upcoming changes to merger control, which could significantly increase the risk of scrutiny and investigation of transactions by the CMA. By: Hogan Lovells

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Mergers Government 278

JD Supra: Mergers

OCTOBER 17, 2024

Australia’s shift to a mandatory merger control regime has reached another milestone with the Government introducing the proposed laws into Parliament on 10 October 2024. If enacted, notifiable transactions that trigger certain financial thresholds closing on or after 1 January 2026 will require competition clearance.

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Mergers Government 172

TechCrunch: M&A

NOVEMBER 14, 2024

Reliance and Disney have completed their landmark Indian media merger, creating an $8.5 billion entertainment powerhouse in the country’s streaming and television markets.

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Media Mergers Entertainment Mergers and Acquisitions 202

JD Supra: Mergers

OCTOBER 2, 2024

On September 17, the FDIC Board approved its Final Statement of Policy on Bank Merger Transactions (SOP), updating the guidelines for evaluating bank mergers. The FDIC’s final SOP addressed the scope of transactions requiring the FDIC’s approval, the process for evaluating merger applications, and the principles.

Mergers 161

Mergers Banking Bank IT 161

JD Supra: Mergers

SEPTEMBER 25, 2024

On September 17, 2024, the Department of Justice Antitrust Division (DOJ) shut the vault doors on its 1995 Bank Merger Guidelines, leaving the 2023 Merger Guidelines as its sole authoritative statement on the topic of mergers across all industries. By: BakerHostetler

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Mergers Banking Bank IT 167

JD Supra: Mergers

SEPTEMBER 23, 2024

On September 17, 2024, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) issued formal statements of policy on reviewing transactions under the Bank Merger Act (BMA).

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Mergers Bank Banking Insurance 167

JD Supra: Mergers

SEPTEMBER 26, 2024

The FDIC, the OCC and the Justice Department earlier this month issued updated standards for bank mergers. The three agencies acted separately, although officials noted that they had worked with the other agencies involved. By: Ballard Spahr LLP

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JD Supra: Mergers

JUNE 5, 2024

Mergers and Acquisitions (M&A) are often perceived as primarily financial transactions. However, the real success of these endeavors usually hinges on a less tangible but equally crucial factor: organizational culture.

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JD Supra: Mergers

OCTOBER 30, 2024

The 169-page opinion continues the trend of lowering the bar for FTC merger challenges. District Court for the Southern District of New York granted the Federal Trade Commission’s (FTC) motion for a preliminary injunction to prevent Tapestry, Inc. Tapestry”) from acquiring Capri Holdings Limited (“Capri”) (collectively, “Defendants”).

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JD Supra: Mergers

AUGUST 7, 2024

On July 24 2024, the Australian Federal Government released its long-awaited exposure draft legislation to amend Australia's current informal merger clearance process to a mandatory merger control regime (Exposure Draft). By: White & Case LLP

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Mergers Government IT 172

JD Supra: Mergers

OCTOBER 17, 2024

In Brief - On 10 October 2024, the Australian Government introduced a bill into Parliament for Australia to enact a mandatory and suspensory competition merger clearance regime. By: K&L Gates LLP

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Government Mergers 161

JD Supra: Mergers

OCTOBER 4, 2024

The European Court of Justice (the ECJ), the EU’s highest court, has fully rejected the European Commission’s (the Commission) policy of interpreting Article 22 of the EU Merger Regulation (EUMR)[1] in a way that would allow the Commission to review transactions falling beneath EU and Member State merger control thresholds.

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JD Supra: Mergers

AUGUST 22, 2024

As litigation to block the proposed Kroger-Albertsons merger wages on at the state and federal level, four state attorneys general (AG) have jumped into the fray in support of the merger as the cases heat up on all fronts. By: Troutman Pepper

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JD Supra: Mergers

NOVEMBER 8, 2024

On October 10, 2024, the United States Federal Trade Commission (FTC) issued its Final Rule governing pre-merger notification protocols under the Hart-Scott-Rodino Act (HSR). The Antitrust Division of the US Department of Justice signaled its agreement with the rules the same day.

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Mergers Government Trading IT 161

JD Supra: Mergers

OCTOBER 15, 2024

On the merger control front, the New Competition Law introduced a new turnover threshold, in addition to the existing market share threshold, in the context of regulating economic concentrations (as defined below) between undertakings.

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JD Supra: Mergers

NOVEMBER 5, 2024

Rochon of the United States District Court for the Southern District of New York granted the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction, thereby preliminarily enjoining the proposed merger of two luxury fashion companies (the “Defendants”). By: A&O Shearman

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Mergers Trading 172

JD Supra: Mergers

FEBRUARY 9, 2024

Global merger control enforcement has become more interventionist across Europe, the US, Middle East and Australia, with antitrust regulators increasingly inclined to scrutinize and challenge mergers. The arrival of the FSR in the EU together with the increased global FDI scrutiny add a new layer of. By: White & Case LLP

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Mergers 161

JD Supra: Mergers

SEPTEMBER 23, 2024

On September 17, the OCC approved a final rule amending its procedures for reviewing applications under the Bank Merger Act. The rule will aim to provide clearer guidelines for institutions regarding the OCC’s review process for bank mergers and ensure institutions remain relevant in the current financial landscape.

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JD Supra: Mergers

OCTOBER 3, 2024

The Federal Trade Commission (“FTC”) has filed a Complaint and a proposed Consent Order that would bar the CEO of oil company Hess from sitting on the Board of Chevron after the merger of the two companies. The merger agreement between the parties requires them to appoint Mr.

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JD Supra: Mergers

DECEMBER 21, 2023

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) released final revisions to the Merger Guidelines (the “2023 Merger Guidelines”) that frame the agencies’ approach to evaluating mergers and acquisitions under the antitrust laws. By: Paul Hastings LLP

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