Articles Posted in Merger Highlights

On August 13, 2025, President Donald Trump issued an executive order revoking Executive Order 14036, the Biden-Harris administration’s 2021 directive aimed at promoting competition in the American economy. This move signals a shift in federal competition policy, drawing praise from business groups and criticism from consumer advocates. FTC Chairman Andrew N. Ferguson hailed the decision…

The Department of Justice (DOJ) recently finalized a settlement in UnitedHealth’s proposed acquisition of Amedisys, imposing sweeping divestitures and a striking $1.1 million civil penalty. The penalty stems from the DOJ’s allegation that Amedisys falsely certified “substantial compliance” with a Second Request for information, despite knowing its document production was incomplete. This rare penalty underscores…

Introduction On August 7, 2025, the U.S. Department of Justice (DOJ) Antitrust Division, along with state co-plaintiffs from Maryland, Illinois, New Jersey, and New York, announced a proposed settlement to resolve their challenge to UnitedHealth Group Incorporated’s $3.3 billion acquisition of Amedisys Inc. This settlement, which requires the divestiture of 164 home health and hospice…

The U.S. Department of Justice (DOJ) Antitrust Division, under the Biden administration, filed a civil antitrust lawsuit on January 10, 2025, to block American Express Global Business Travel’s (Amex GBT) $570 million acquisition of CWT Holdings LLC. The case was dismissed by the DOJ in July 2025, just before a scheduled trial in September 2025,…

If your company is filing a premerger notification form with the Department of Justice and Federal Trade Commission, do not forget to simultaneously file with relevant states that have enacted premerger notification laws. The first two states to enact these laws are Washington and Colorado. Washington Premerger Notification Law As of July 27, 2025, federal…

The U.S. Department of Justice (DOJ) reached a settlement with Hewlett Packard Enterprise (HPE) and Juniper Networks on June 28, 2025, resolving concerns over HPE’s $14 billion acquisition of Juniper Networks. The settlement required HPE to divest its Instant On wireless networking business and license Juniper’s Mist AI software source code to independent competitors to…

Introduction Under the Biden administration, U.S. antitrust agencies, particularly the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC), took a hardline stance against negotiated merger remedies. Instead of settling, they often challenged mergers outright or allowed deals to close without formal conditions, expressing doubts about the effectiveness of remedies like structural…

The Department of Justice’s (DOJ) decision to challenge Hewlett Packard Enterprise’s (HPE) $14 billion acquisition of Juniper Networks is misguided and threatens innovation and U.S. competitiveness.  Gail Slater, the newly confirmed Assistant Attorney General for the DOJ’s Antitrust Division, should reconsider this decision and assess its broader implications for competition, innovation, and national interests. Facing…

7 Eleven and Speedway  announced the transaction in August 2020.  The FTC issued Second Requests for information to the parties and investigated the transaction because it raised a number of competitive concerns in various local geographic markets.  The parties negotiated a divestiture of approximately 300 stores with the FTC staff to remedy the antitrust concerns. …

On June 26, 2020, the Federal Trade Commission (“FTC”) entered into a settlement agreement that allowed Eldorado Resorts, Inc. (“Eldorado”) to acquire Caesars Entertainment Corporation (“Caesars”) for $17.3 billion. Background Eldorado agreed to acquire Caesars for $17.3 billion on June 24, 2019. Eldorado is a provider of casino entertainment and hospitality services, operating 23 casino…