Antitrust M&A Snapshot | Q1 2023

By Anthony S. Ferrara, Max Küttner, Jon B. Dubrow, Joel R. Grosberg, Stéphane Dionnet and Matt Evola on April 20, 2023

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

Topics covered in this edition:

Christine Wilson Resigns as FTC Commissioner
FTC/Department of Justice Horizontal Merger Guidelines Delayed
Agencies Maintain Focus on Private Equity, Especially in Healthcare
Continuing a Trend: FTC Loses Challenge to Meta’s Acquisition of Within
Agencies Continue to Challenge Transactions Outright Rather than Negotiate Settlements
New Regulatory Burden: The EU Foreign Subsidies Regulation Enters into Force
A New Route for Complainants: ECJ Towercast Ruling Confirms Non-Notifiable Acquisition Can Be Abuse of Dominant Position
CMA’s New Leadership Team Focuses on Digitalisation and Supply Chain Issues Impacting Consumers

Access the full issue.

Tags: American Bar Association Antitrust Section Spring Meeting, Article 22 EUMR, Autorité de la Concurrence, Belgian Competition Authority, Chicago School, Christine Wilson, Department of Justice, DOJ, European Commission, European Court of Justice, Federal Trade Commission, Foreign Subsidies Regulation, FTC, FTC Chair Lina Khan, FTC’s Bureau of Competition, horizontal merger guidelines, Private Equity, Rahul Rao, Section 5 of the FTC Act, UK Competition and Markets Authority

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.

Max Küttner
Max Küttner focuses his practice on antitrust, competition and trade law. He has advised on numerous cross-border M&A transactions from negotiation to the notification at various national/supranational competition authorities. Read Max Küttner'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.

Stéphane Dionnet
Stéphane Dionnet has over 20 years of experience practicing international competition law, and has experience liaising with competition authorities in the European Union, United States and Asia. Stéphane has advised global corporations on how to navigate complex multijurisdictional merger control matters. He has represented clients in numerous cartel investigations and has also successfully assisted companies in obtaining conditional immunity from the European Commission and other competition law agencies in and outside the European Union. Read Stéphane Dionnet's full bio.

Matt Evola
Matt Evola assists clients with premerger analysis and notification under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act and in defending mergers and acquisitions before the US Federal Trade Commission (FTC), US Department of Justice (DOJ), state antitrust authorities and foreign competition authorities. He also counsels clients in relation to complex antitrust litigation and government investigations. Matt has experience in a variety of industries, including representing clients in the healthcare, pharmaceutical, packaging, aggregates, consumer products, and telecommunications industries. Read Matt Evola's full bio.

Antitrust M&A Snapshot | Q1 2023

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