U.S. antitrust enforcers have trained their sights on private equity companies, and counsel should not assume that any transaction is too small to attract antitrust attention, and should evaluate potential risks, such as roll-up strategies and interlocking directorates, at the earliest stages, say David Kully and Kenneth Racowski of Holland & Knight.
In recently withdrawing three antitrust policy statements aimed at the health care industry, the U.S. Department of Justice has replaced clear guidance with uncertainty for any trade association involved in benchmarking surveys and other information exchanges, say attorneys at Holland & Knight.