Clifford Chance Discusses Post-Closing Antitrust Risks

Last month, the U.S. Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) each separately challenged recently closed transactions that they claim would harm competition in the US. The DOJ filed suit in relation to TransDigm Group’s recent acquisition of two businesses from Takata Corporation. The FTC issued an administrative complaint challenging Otto Bock’s acquisition of FIH Group Holdings, the owner of Freedom Innovations. The latter transaction had closed approximately three months ago, while the former transaction has been closed since February. These actions come less than three months after the DOJ’s lawsuit against Parker-Hannifin regarding its closed acquisition of … Read more

The Government Shutdown Could Affect Your Transaction

The US antitrust authorities will cease certain of their operations during the pending government shutdown and your transaction may be affected.

The US antitrust agencies receive an average of 25 Hart-Scott-Rodino (HSR) filings per week. During the current government shutdown, the Federal Trade Commission (“FTC”) and Antitrust Division of the Department of Justice (“Antitrust Division”) have indicated they will continue to accept HSR filings, and the FTC’s Premerger Notification Office will be open but with a very limited staff. We see three consequences that transacting parties should take into consideration:

First, given the limited staff likely to be on hand … Read more

Editor's Tweet |
Editor's Tweet: Clifford Chance's Tim Cornell on The Government Shutdown Could Affect Your Transaction