Jones Day (Washington)

Michael A. Gleason

Jones Day (Washington)
Partner

For 15 years, Michael Gleason has been involved in some of the most significant transactions to recently come before the antitrust agencies. He counsels clients on antitrust matters before U.S. and international enforcement agencies, including cross-border M&A transactions and government investigations, as well as antitrust litigation. Michael has represented a variety of clients before the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), state, and international antitrust enforcers and has extensive experience in a range of industries, including agriculture, health care (providers and payers), pharmaceuticals, medical devices, software, tech platforms, chemicals, mining, defense, commodities, and food products, among others. His transactional work includes counseling clients at every stage of a deal, including premerger planning, regulatory filings, investigations, litigation, as well as post-closing investigations. Michael also frequently advises clients on a variety of antitrust issues, including competitor and vertical collaborations, information sharing, distribution arrangements, licensing, and single-firm conduct.

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Articles

3210 Bulletin

Craig A. Waldman, Michael A. Gleason, Peter Julian, Jeremy P. Morrison, Michelle K. Fischer The US FTC proposes an unprecedented rule banning most employer/employee noncompete clauses

55

In early January 2023, the Federal Trade Commission (“FTC”) proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight months, and possibly longer (if ever), given the likelihood of challenges to (...)

Michael A. Gleason, Lin W. Kahn, Bruce McDonald, Jeremy P. Morrison, Craig A. Waldman The US FTC resurrects the unilateral pre-approval in merger investigation settlements to halt future anticompetitive mergers

139

In Short The Development: The Federal Trade Commission ("FTC") revived a long-abandoned policy requiring that Commission orders settling FTC merger investigations include a "prior approval" clause that grants the FTC the unilateral authority to approve (or deny) certain future transactions (...)

Jonathan M. Linas, Donald McGahn, Michael A. Gleason, Craig A. Waldman, David M. Morrell, Lisa M. Ledbetter The US President Joe Biden signs an executive order on promoting competition in the American economy

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In Short The Situation: President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation and increase competition across the U.S. (...)

Michael A. Gleason, Lin W. Kahn, Bruce McDonald, Craig A. Waldman The US FTC holds its first Commission meeting since the appointment of a new Chair and signals aggressive antitrust policy as part of the government’s pro-enforcement agenda

470

In Short The Situation: The Federal Trade Commission ("FTC"), which now has a 3-2 Democrat majority, held its first Commission meeting since President Biden appointed a new Chair, Lina M. Khan. The Commissioners voted on a number of measures that signal important changes from prior agency (...)

Jesús Gabriel Altamirano, Serge Clerckx, Michael A. Gleason, Javier Martínez del Campo L., Bertha Alicia Ordaz-Avilés, Manuel Romano The Mexican Competition Authority updates its merger guidelines which clarify notification requirements for joint ventures and the failing firm defense

488

Newly revised merger control guidelines ("Guidelines") from the Comisión Federal de Competencia ("COFECE"), Mexico’s competition law authority, clarify when parties to joint ventures or collaborations ("JVs") must report those transactions to COFECE. The Guidelines provide much needed guidance (...)

Charlotte Breuvart, Eric Barbier de la Serre, Serge Clerckx, Michael A. Gleason, Johannes Zöttl The EU Commission issues guidance on the application of the referral mechanism set out in article 22 of the Merger Regulation expanding its antitrust reviews to non-reportable transactions

468

In Short The Situation: According to the European Commission ("EC"), an increasing number of competitively significant transactions have evaded merger notification because one or both of the transacting parties (but typically a small, high value target) did not meet EC or any Member State (...)

Michael A. Gleason, Michael H. Knight, Peter J. Love, Pamela L. Taylor, Ryan C. Thomas The US FTC and the US DoJ announce the suspension of the discretionary practice of granting early termination of the waiting period to filings made under the Hart-Scott-Rodino Act

23

On February 4, 2021, the U.S. antitrust agencies announced that they are temporarily suspending the discretionary practice of granting early termination of the waiting period to filings made under the Hart-Scott-Rodino ("HSR") Act. Since January 16, the agencies granted ET in just one (...)

Laurent de Muyter, Carsten Gromotke, Jürgen Beninca, Michael A. Gleason, Hiromitsu Miyakawa, Prudence Smith, Craig A. Waldman, Philipp Werner, Johannes Zöttl The German Parliament adopts competition rules for tech platforms

137

In Short The Development: The Bundestag, the German legislature, amended Germany’s antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple markets." The amendments, known as the GWB Digitization Act or ARC (...)

Catherine E. Livingston, James Lenahan Poth, Aimee DeFilippo, Kenneth W. Field, Michael A. Gleason, Lisa Han, David Kiernan, Margaret A. Ward The US Congress passes the Competitive Health Insurance Reform Act limiting the antitrust exemption available to companies under the McCarran-Ferguson Act

82

In Short The Development: Congress unanimously passed and before leaving office, President Trump signed into law, the Competitive Health Insurance Reform Act ("CHIRA"). CHIRA limits application of the McCarran-Ferguson Act, an exemption from the federal antitrust laws, as it relates to the (...)

Matt Evans, Michael A. Gleason, Prudence Smith, Jason Beer The UK Competition Authority proposes the creation of a new regulatory authority and additional regulations to govern the conduct of online platforms funded by digital advertising

69

INTRODUCTION The CMA has recently issued its Final Report in the Market Study into Online Platforms and Digital Advertising (“Final Report”), which sets forth its findings and recommendations from its investigation of markets involving online platforms funded by digital advertising. In parallel, (...)

Michael A. Gleason, Michael H. Knight, Lauren Miller Forbes, John W. Magruder The US DoJ and FTC issue guidance on merger review during the COVID-19 outbreak and confirm that they continue to operate despite merging parties expecting lengthier reviews

137

The FTC and DOJ have adopted new procedures in response to the novel coronavirus (COVID-19) pandemic. The changes are intended to help the agencies stay open during the crisis, but merging parties should expect lengthier antitrust reviews until normal operations resume. All merger filings with (...)

Kenneth W. Field, Aimee DeFilippo, Kristie Xian, Michael A. Gleason The US Court of Appeals for the Eighth Circuit upholds an injunction against a proposed acquisition of a hospital on the grounds that it would lead to near-monopolisation in four different markets (Sanford Health / Sanford Bismarck / Mid Dakota Clinic)

30

In a decision that extends the FTC’s winning streak in the courts of appeals in healthcare provider merger cases, the Eighth Circuit affirmed the Federal Trade Commission’s ("FTC") bid to enjoin Sanford Health’s acquisition of Mid Dakota Clinic ("MDC"). This decision follows almost three years of (...)

Peter J. Love, Michael A. Gleason, Kristie Xian The US FTC Chief Administrative Law Judge halts the acquisition of a titanium dioxide producer by a chemical company on the grounds that it would substantially lessen competition (Tronox / Cristal)

16

In Short The Development: A Federal Trade Commission ("FTC") administrative judge ("ALJ") has blocked Tronox Corporation’s proposed acquisition of the titanium dioxide ("TiO2") business of The National Titanium Dioxide Company Limited ("Cristal"), concluding that the transaction may (...)

Bruce McDonald, Michael A. Gleason, Joseph Antel, Matthew Harper The US District Court for the Eastern District of Virginia requires divestiture in a long-consummated merger (Steves & Sons / Jeld-Wen / CMI)

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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Congratulations! Your deal navigated through antitrust review, you closed the transaction, and you are making your way through the three-year integration plan. (...)

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