Antitrust M&A Snapshot | DOJ Arbitrates Market Definition Dispute While EC Clears Acquisition of Broadband and Energy Networks

By and on November 27, 2019

There was significant antitrust activity in the third quarter of 2019. In the United States, the Federal Trade Commission (FTC) and Department of Justice (DOJ) continued an active docket challenging M&A transactions. DOJ is resolving antitrust reviews significantly faster than the FTC, following DOJ’s 2018 policy establishing a six-month target. The DOJ also made use, for the first time, of its authority to arbitrate a market definition dispute, potentially opening the door for a new tool the DOJ could employ to resolve challenges more rapidly.

In the European Union, the European Commission (EC) agreed to clear, subject to conditions, the acquisition of broadband and energy networks following lengthy Phase 2 investigations. Meanwhile, the national European regulators opened new in-depth investigations into commercial radio advertising, software as a service for airlines, autonomous sea surface vehicles and the promotion of live music events (all in the UK) and prohibited the merger of two recyclers (Germany).

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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.


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.

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