The Antitrust Review of the Americas 2017

United States: Government Investigations

Over the past year, the U.S. federal antitrust enforcement agencies – the Department of Justice, Antitrust Division (DOJ) and Federal Trade Commission (FTC), (together, the Agencies) have brought a number of civil enforcement actions including a record number of litigated merger challenges. These actions have spanned billions of dollars in transactions across a number of industries, including energy, consumer products and healthcare. Although some of these challenges were litigated in federal court, others resulted in the parties’ abandoning their transaction prior to litigation because of the Agencies’ unwillingness to accept the parties’ proposed remedies. These cases are summarised below.

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