Emerging Trends and Developments in Antitrust Merger Enforcement: What Lies Ahead
Challenges to mergers and acquisitions by US antitrust authorities spiked in 2019, with much attention paid to “nascent” competitive problems and vertical mergers. This was capped off by proposed Department of Justice (DOJ) and Federal Trade Commission (FTC) vertical merger guidelines, the first such guidelines issued since 1984. In addition, the DOJ has continued to express concern about merger remedies, leading to the DOJ’s attempt to stop the AT&T-Time Warner combination. The concern about remedies played another role in the court room, as one court engaged in an unprecedented expanded Tunney Act review of a merger consent order offered by the DOJ. And not to be outdone, the Attorney Generals of several states showed their dissatisfaction with the DOJ remedies in the T-Mobile/Sprint consolidation, bringing their own lawsuit to stop the deal.
Given these developments, businesses who engage in merger transactions need to keep abreast of the recent enforcement priorities. They must proactively review their existing practices to ensure compliance with antitrust laws.
Listen as a panel of distinguished leaders and antitrust practitioners organized by The Knowledge Group provide the audience with an in-depth discussion of the emerging trends and developments in the antitrust merger enforcement. Speakers, among other things, will offer practical compliance tips and strategies to avoid legal liabilities.
This LIVE Webcast will discuss the following:
- Antitrust Mergers: U.S. Trends and Updates
- Recent Enforcement Priorities
- Notable Cases and Rulings
- Risk Mitigation Strategies
- Best Compliance Practices
- What Lies Ahead
Marc G. Schildkraut, Partner
Baker & Hostetler LLP
Sharon Connaughton, Special Counsel
Daniel J. Howley, Counsel
Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Chilling Statistics on Merger Challenges
- Acquisitions of Nascent Targets
- Vertical Mergers and Vertical Guidelines
- Merger Remedies
- State AGs sue to stop the T-Mobile-Sprint.
Who Should Attend:
- Antitrust Lawyers
- Corporate Lawyers
- Mergers and Acquisitions Lawyers and Consultants
- Business Executives
- Risk and Compliance Officers
Marc Schildkraut practices antitrust law before U.S. and international enforcement agencies and courts, focusing on multibillion-dollar mergers, civil investigations and litigation. As lead attorney, he has obtained clearances allowing his clients to consummate mergers and acquisitions in all* his matters investigated by antitrust authorities here and abroad. This includes several matters where Marc was forced to litigate with a government authority that attempted and ultimately failed to obtain an injunction to stop consummation. Marc has worked for plaintiffs trying to stop mergers, as well, and has litigated one such matter where the federal court issued an injunction that led to the unraveling of a consummated merger.
Marc Schildkraut practices antitrust law before U.S. and international enforcement agencies and courts, focusing on multibillion-dollar mergers, civil investigations and …
Sharon Connaughton is a Special Counsel in Cooley’s Antitrust & Competition practice group. Her practice focuses on antitrust counseling, litigation and the defense of corporate clients in connection with domestic and international mergers and acquisitions. She has extensive experience advising clients on compliance with the Hart-Scott-Rodino Act and representing clients through the merger review process before the FTC, the DOJ, states attorneys general and foreign antitrust enforcement authorities. She has worked with clients in a number of industries, including automotive, consumer goods, computer hardware and software, financial services, oil and gas, pharmaceuticals and medical devices, publishing, and telecommunications.
Sharon Connaughton is a Special Counsel in Cooley’s Antitrust & Competition practice group. Her practice focuses on antitrust counseling, litigation …
As counsel at Paul, Weiss in the Antitrust Group, Dan Howley advises clients on antitrust matters, including litigation, mergers and acquisitions, and civil and criminal investigations by the U.S. Department of Justice and the Federal Trade Commission. He also has significant experience in commercial litigation involving contractual disputes, business torts and shareholder class action and derivative claims. He has been named a “Rising Star” in Washington, D.C., by Super Lawyers Magazine multiple times and has been recognized in The Legal 500 for his “excellent” work on merger control matters. Dan has authored multiple articles and memos on antitrust topics such as merger litigation strategy and patent reverse payment settlement agreements.
As counsel at Paul, Weiss in the Antitrust Group, Dan Howley advises clients on antitrust matters, including litigation, mergers and …
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Method of Presentation:
General knowledge of antitrust laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Baker & Hostetler LLP
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups – Business, Intellectual Property, Labor and Employment, Litigation, and Tax – the firm has nearly 1,000 lawyers located in 14 offices coast to coast. For more information, visit bakerlaw.com.
About Cooley LLP
Cooley’s attorneys solve legal issues for entrepreneurs, investors, financial institutions and established companies. Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley has 900 lawyers across 12 offices in the United States, China and Europe. Cooley's antitrust & competition team is recognized as one of the top-tier practices in the area of antitrust by Legal 500, Chambers USA and Global Competition Review. We handle all aspects of antitrust and competition law matters – including counseling, litigation, agency representation and arbitration services – for Fortune 500 corporations, as well as growing companies.
About Paul, Weiss, Rifkind, Wharton & Garrison LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP is a firm of more than 1,000 lawyers with diverse backgrounds, personalities, ideas and interests who provide innovative and effective solutions to our clients’ most complex legal and business challenges. The firm represents some of the world’s largest publicly and privately held corporations, financial institutions and asset managers, and clients needing pro bono assistance.
Paul, Weiss is widely recognized as having market-leading practices in public M&A, private equity, litigation, white-collar & regulatory defense, and bankruptcy & corporate reorganization, along with equally strong practices in employee benefits & executive compensation, intellectual property, personal representation, real estate and tax law.