The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2024”.

Antitrust in 2023 was marked by a series of policy developments—some still nascent, some ripe for enforcement for the first time.  In the U.S., the FTC and DOJ finalized their drastically transformed merger guidelines.  In the EU, landmark new digital regulations became applicable for the first time.  And the UK government introduced a bill promising major new digital and consumer protection rules. Continue Reading 2024 Antitrust Update: Agencies Sharpen Their Teeth, But Is It All Bark and No Bite?

Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed. 
Continue Reading 2023 Update: U.S. Antitrust Sets Sail into Uncharted Seas

On September 3, 2020, the Antitrust Division of the DOJ issued a revised Policy Guide to Merger Remedies, following shortly after it announced a reorganization of its civil enforcement to create an Office of Decree Enforcement and Compliance.

The Policy Guide to Merger Remedies largely codifies a trend towards strengthening of the Division’s preference