Damon Kalt

Jan 3, 2024 | mondaq.com | Michael Weiner |John Kavanagh |Damon Kalt |Lee Berger

On December 18, 2023, the DOJ and FTC jointly released the final 2023 Merger Guidelines that describe how the agencies will evaluate proposed merger and acquisition transactions. Despite significant editing, and calls from industry to moderate the guidelines, the agencies essentially doubled down on their vision, which we have previously described, promising a more aggressive review of future transactions while providing limited concrete guidance for merging companies.

Dec 19, 2023 | lexblog.com | Michael Weiner |John Kavanagh |Damon Kalt |Lee Berger

On December 18, 2023, the DOJ and FTC jointly released the final 2023 Merger Guidelines that describe how the agencies will evaluate proposed merger and acquisition transactions. Despite significant editing, and calls from industry to moderate the guidelines, the agencies essentially doubled down on their vision, which we have previously described, promising a more aggressive review of future transactions while providing limited concrete guidance for merging companies.

Jul 5, 2023 | mondaq.com | Michael Weiner |Lee Berger |Damon Kalt |John Kavanagh

On June 27, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking that would very significantly expand the scope of information required for an initial premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act (HSR). The proposed modifications, if adopted, would require extensive information-gathering and analysis prior to filing a premerger notification.

May 5, 2023 | lexblog.com | Patrick Linehan |John Kavanagh |Damon Kalt |Lee Berger

In a yet another setback for the U.S. Department of Justice’s (DOJ) ongoing effort to prosecute labor-side violations of the Sherman Act, District of Connecticut Judge Victor A. Bolden granted a motion for a judgment of acquittal on April 28, 2023 in United States v. Patel. The order, which was entered before the jury was given an opportunity to deliberate, is not appealable and therefore brings an end to DOJ’s efforts to prosecute an alleged “no-poach” market allocation agreement.