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2015 Antitrust M&A Year in Review

Client Alert | 1 min read | 01.26.16

Crowell & Moring LLP is pleased to release its "2015 Antitrust M&A Year in Review." Following a record-breaking year for volume of transactions, this publication provides insight and analysis into developments and trends in global antitrust enforcement of mergers and acquisitions. We examine the antitrust agencies' increasing focus on protecting innovation and emerging forms of competition, requiring broader remedies and more competitive divestiture buyers, and highly scrutinizing transactions in markets where prior consolidation was not challenged. We also look at the agencies' increasing willingness to challenge transactions through litigation, and their relatively successful recent track record.

The report spotlights areas that were particularly noteworthy in 2015, including telecom, health care, energy, and IP and innovation. We also take a look at the first year of Commissioner Vestager's merger enforcement in Europe, the growing influence of third parties in merger review proceedings, and procedural trends at the Federal Trade Commission and Department of Justice Antitrust Division that impact the cost and timeline of merger review in the U.S.

Given the likelihood that recent antitrust merger enforcement developments foreshadow what to expect in the coming year, the 2015 Antitrust M&A Year in Review provides insight into trends that will be highly relevant going forward. We hope that you will find this report useful and welcome your feedback.

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2015 Antitrust M&A Year in Review

2015 Antitrust M&A Year in Review

Insights

Client Alert | 4 min read | 07.02.25

FTC Orders Divestitures in Retail Fuel Outlet Deal and Signals a Return to More Standard Remedy Discussions

Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies....