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To a torrent of both praise and criticism, the Department of Justice and Federal Trade Commission released updated Vertical Merger Guidelines on June 30, 2020.

Published in Antitrust, Vol. 34, No. 3, Summer 2020, © 2020 by the American Bar Association

August 7, 2020
Insight
Insight

On June 30, 2020, the Department of Justice and the Federal Trade Commission released new Vertical Merger Guidelines (“Guidelines”), which explain how the agencies assess mergers and acquisitions of companies at different levels of the supply chain. The new Guidelines mark the first time the FTC and DOJ have issued joint guidelines on vertical mergers.

V&E Antitrust Update

July 8, 2020
V&E+
V&E+

It’s hard to overstate the damage of the COVID-19 pandemic to the airline industry. As travel demand around the world has plummeted, the resulting crisis for airlines has been unprecedented — far worse than what they experienced in the wake of the September 11 terrorist attacks. In the face of this seismic challenge, Southwest Airlines…

V&E+

June 4, 2020
V&E+
V&E+

When a leading technology-focused private equity firm turned to V&E a year and a half ago to work on transactions involving its portfolio companies, it was more than a cause for celebration at the firm. “This was a great testament to the quality of our technology practice,” said V&E partner Milam Newby, who is advising…

V&E+

March 25, 2020
V&E+
V&E+

Late last year, a long-running effort to build a state-of-the-art anhydrous ammonia plant at an industrial chemical site in Texas City, Texas, reached a major milestone. Gulf Coast Ammonia LLC (GCA) closed on an approximately $570 million non-recourse project financing, as well as an equity commitment from joint venture partners Starwood Energy Group Global LLC…

V&E+

March 13, 2020
V&E+
V&E+

How deeply ingrained is corruption within Latin America’s economy? Headlines paint an alarming picture: In recent years, business and government officials from Mexico to Peru to Brazil have been implicated in high-profile bribery scandals. A survey last year by the watchdog group Transparency International found that 53% of people surveyed in the region believed that…

V&E+

February 28, 2020
V&E+
V&E+

The deal involved some 165 current Planet Fitness clubs, but Wes Jones didn’t break a sweat. A veteran Mergers & Acquisitions partner at V&E, Jones represented Austin-based United PF Partners (“United PF”) in their recent sale of their expansive network of Planet Fitness clubs. Jones had been working with United PF’s Larry Meyer and Trey…

V&E+

February 27, 2020
Insight
Insight

The Federal Trade Commission (FTC) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), as well as the thresholds for interlocking directorates under Section 8 of the Clayton Act…

V&E Antitrust Update

January 29, 2020
Insight
Insight

The U.S. antitrust agencies remained active in enforcing mergers and acquisitions generally; however, both the energy and chemical industries saw a slight reduction in the number of reportable…

V&E Antitrust Update

January 15, 2020
V&E+
V&E+

Planning to raise a private equity fund with your partners? It may not be your first investment vehicle, but if your new fund is larger than what you’ve worked on in the past — say, $500 million — you may find yourself navigating unfamiliar territory when dealing with institutional investors. See below for answers to what will likely be…

V&E+

October 29, 2019
V&E+
V&E+

In a highly competitive and fast-moving industry, can rivals learn to share to meet demand? In the telecoms industry, the answer is yes. With ongoing upgrades for 5G technology that are expected to provide the fastest internet service yet, infrastructure-sharing arrangements will become more important than ever as operators seek to accommodate an unprecedented demand…

V&E+

September 24, 2019
V&E+
V&E+

Which state’s law will govern your next contract? Where will any litigation take place? For many companies, the answer may seem obvious — they choose the state where they are headquartered or incorporated. The law of the company’s “home” state may be more familiar and, if any disputes arise, choosing a nearby forum means that…

V&E+

August 19, 2019