Key Points Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) have temporarily suspended discretionary grants of early termination of the waiting period under the Hart-Scott-Rodino (HSR)...more
2/5/2021
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Key Points
- The Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 requires parties that meet certain transaction size and other tests to file premerger notification forms with both the Federal Trade Commission...more
2/3/2021
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
- The Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires parties that meet certain transaction size and other tests to file premerger notification forms with both the Federal Trade Commission and Department of...more
1/28/2020
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
• The Department of Justice (DOJ) will now evaluate corporate compliance programs as a factor in determining whether to bring criminal antitrust charges.
• New guidance also clarifies how compliance programs factor into...more
• Assistant Attorney General (AAG) Makan Delrahim, the new head of the Antitrust Division of the Department of Justice (DOJ), recently announced a shift from the prior Administration’s focus on the dangers of patent “hold-up”...more
Following the Supreme Court’s 2014 decision in Daimler AG v. Bauman, several opinions from the United States Court of Appeals for the Second Circuit confirm the limited circumstances in which courts may exercise general...more
In a recent action raising the issue of the nature of a merger party’s obligation to take steps necessary to clear antitrust regulatory hurdles “as promptly as reasonably practicable,” Alere, Inc. sued Abbott Laboratories in...more
The Federal Trade Commission and Department of Justice have continued their aggressive stance against proposed mergers that the antitrust agencies perceive as harmful to competition. So far this year, the FTC obtained a...more
9/22/2016
/ Acquisitions ,
Anthem Insurance ,
Antitrust Investigations ,
Department of Justice (DOJ) ,
Dow Chemical ,
DuPont ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Halliburton ,
Health Insurance ,
Mergers ,
Staples ,
Walgreens
On August 13, 2015, the Federal Trade Commission (FTC) released a Statement of Enforcement Principles for “Unfair Methods of Competition” claims brought under Section 5 of the FTC Act. Section 5 empowers the FTC to challenge...more
On August 4, 2015, the Federal Trade Commission issued updated best practices guidance for merger reviews. This is the first guidance that the FTC has issued on the merger review process since the 2006 merger review reforms....more
DOJ fines particleboard manufacturers $4.95 million for gun-jumping violations -
On Friday, November 7, 2014, two companies agreed to pay $4.95 million to settle U.S. Department of Justice (DOJ) allegations that the...more
12/5/2014
/ Antitrust Provisions ,
Berkshire Hathaway ,
Civil Monetary Penalty ,
Consent Order ,
Deceptive Intent ,
Department of Justice (DOJ) ,
Disgorgement ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Manufacturers ,
Patent Assertion Entities ,
Popular ,
Settlement ,
Sherman Act ,
SierraPine ,
Unfair or Deceptive Trade Practices ,
Waiting Periods
Sentencing Commission Requests and Receives Comments on Price Fixing Penalty Revisions -
The U.S. Sentencing Commission is currently seeking public comments on sentencing for price fixing, bid rigging and market...more
On April 28, 2014, the United States Supreme Court reinforced the prevailing view that monopolists rarely, if ever, have a duty to assist rivals by denying cert. in Novell, Inc. v. Microsoft Corp. Novell claimed that...more
On April 9, 2014, the U.S. Senate confirmed Terrell McSweeny to serve as FTC Commissioner. Commissioner McSweeny will join Commissioners Edith Ramirez and Julie Brill as the third Democratic member of the five-member Federal...more