Please find a web link to our recent New York Law Journal article on the antitrust landscape in 2011, "Agencies Pursued an Aggressive Antitrust Agenda in 2011."
Summary
For anyone following antitrust over the last few years, it should come as no surprise that the Obama Administration's antitrust enforcers have been on the front pages lately. The Department of Justice's (the "DOJ") suit against AT&T's proposed $39 billion acquisition of T-Mobile is only one prominent example. Both the Federal Trade Commission (the "FTC") and the DOJ were particularly active in 2011, "building on the President's call for vigorous antitrust enforcement." In general, there has been a dramatic increase in merger enforcement. In addition to the AT&T/T-Mobile lawsuit, the DOJ's victory in its challenge to H&R Block's proposed acquisition of 2SS Holdings and the FTC's recent succession of hospital merger challenges demonstrate the heightened litigation risk for mergers that raise competition concerns. Moreover, the agencies have more frequently required broader behavioral and conduct-related restrictions to resolve competition issues. In short, the increase in enforcement activity, combined with the antitrust agencies' policy initiatives, has increased the antitrust "regulatory" risk to parties with mergers before the agencies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.