Recent Developments in U.S. Antitrust Merger Review and Enforcement

As we have discussed in previous White Papers, the FTC and DOJ have been aggressively investigating so-called “gun-jumping” violations that occur when merging parties integrate operations, the buyer prematurely takes operational control of the seller, or the parties otherwise cease to compete prior to obtaining HSR Act approval. Because of the increased scrutiny as to how and when companies integrated deals and exchange information, Morgan Lewis's Antitrust Practice has prepared a separate White Paper regarding gun-jumping that details the recent enforcement activities and outlines some practical guidance regarding these integration issues.

This White Paper discusses:

• the report regarding challenged merger data issued by the antitrust agencies,
• proposed Hart-Scott-Rodino rule ("HSR") rule changes,
• additional challenges to consummated mergers,
• the FTC's disgorgement and restitution policy,
• the remedy for the Nestlé/Dreyer's ice cream merger,
• litigation under Section 8 of the Clayton Act, and
• the close of the FTC's investigation into Genzyme's acquisition of Novazyme.

For the full story and contact information, please view the PDF.