Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions

By McDermott Will & Emery, Anthony S. Ferrara, Jon B. Dubrow and Joel R. Grosberg on May 15, 2019

Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

The first quarter of 2019 proved to be as active as ever for antitrust regulators in both the United States and Europe. In the United States, vertical merger enforcement was the focus of a few high-profile matters. The US DOJ has been working on an update to the Non-Horizontal Merger Guidelines, possibly providing clarification for merging parties.

Meanwhile in Europe, although the European Commission cleared a number of merger control proceedings with remedies, the European Commission also blocked two transactions during the first quarter of 2019.

Access the full issue.

Hélène de Cazotte, a trainee in the Firm’s Brussels office, also contributed to this publication.

Tags: EC, European Commission, Federal Trade Commission, Foreign Direct Investments Screenings, FTC, FTC Commissioners, HSR notification thresholds, lawsuits, merger control proceedings, merger control rules, Non-Horizontal Merger Guidelines, Siemens/Alstom’s Prohibition, technology markets, Technology Task Force, Trump administration, US antitrust agencies, vertical merger, vertical transaction

McDermott Will & Emery

Anthony S. Ferrara
Anthony S. Ferrara focuses his practice on regulatory and antitrust matters. He advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ). He also counsels clients in relation to complex antitrust litigation and government investigations. Anthony has assisted clients across a variety of industries, including the aerospace and defense, pharmaceutical, consumer products, and energy sectors. In addition to his antitrust work, he maintains an active pro bono practice. Read Anthony S. Ferrara's full bio.

Jon B. Dubrow
Jon Dubrow is co-head of McDermott’s Antitrust Mergers Focus Group and is a strategic advisor serving clients across a host of inter-related antitrust issues, including mergers and acquisitions (M&A) transactions / merger clearance, counseling and litigation. Jon leads the defense of mergers, acquisitions and joint ventures before the Department of Justice, the Federal Trade Commission and other international competition authorities. He also regularly assists third parties whose interests are adversely affected by proposed transactions. Jon also is experienced in antitrust litigation. He provides counseling on distribution issues, contracting arrangements and a wide variety of other competition-related matters. Read Jon Dubrow's full bio.

Joel R. Grosberg
Joel R. Grosberg is co-head of McDermott’s Antitrust Mergers Focus Group and assists clients on civil and criminal antitrust matters, including obtaining merger clearances, counseling and litigation. He has represented clients in obtaining antitrust approvals in numerous challenging transactions, and in other government antitrust investigations before the Department of Justice, the Federal Trade Commission (“FTC”) and foreign competition authorities. Joel has significant experience in the high tech, chemical, health care and life sciences industries, including counseling on matters related to pricing and distribution practices and other competition-related issues. Read Joel Grosberg's full bio.

Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions

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