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FTC Revises Hart-Scott-Rodino Thresholds for 2023

On January 23, 2023, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

HSR Filing Fees to Go Up Dramatically in 2024

The Consolidated Appropriations Act of 2023 could have some surprises in store for parties that do deals. If passed, it would decrease the filing fee for small deals by a third. But it would also increase the fees for the...more

“Close at Your Own Peril” Letters

According to Commissioner Phillips, the FTC has sent out over 50 “close at your own peril” letters. These are letters to parties who have reported reportable transactions under the Hart-Scott-Rodino Antitrust Improvements Act...more

FTC Revises Hart-Scott-Rodino Thresholds for 2022

On January 24, 2022, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

Epic v. Apple: An Epic Fail?

Epic sued Apple in the U.S. District Court for the Northern District of California alleging that Apple’s iOS walled garden, and, specifically, that its refusal to allow app makers to use a payment system other than the Apple...more

Commissioner Christine Wilson Excoriates The FTC Chair’s Agenda in ABA Fall Forum Speech   

Last week. FTC Commissioner Christine Wilson delivered a speech with a title that made clear she intended to speak her mind: The Neo-Brandeisian Revolution: Unforced Errors and the Dimunition of the FTC....more

Merger Enforcement in the Biden Administration

The FTC has issued several statements recently that have confused the market and bar as to what its merger enforcement posture will be. Among others, the FTC has suspended early terminations; has sent letters to parties after...more

Second Circuit Reverses the Commission and Orders Dismissal on 1-800-Contacts

The Decision 1-800-Contacts is one of the largest sellers of contacts online. One of the principal ways consumers shop for contacts is through key word searches. In the past, certain 1-800-Contacts competitors purchased...more

FTC, DOJ Suspending Early Terminations Pending Review of Standards

The FTC and DOJ announced today that they would be suspending the “discretionary” early termination process because of the “transition to a new administration” and the “unprecedented volume” of HSR filings for the start of a...more

FTC Revises Hart-Scott-Rodino Thresholds for 2021

On February 2, 2021, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

FTC Files First BOTS Act Cases

On Friday, January 22, 2021, the Federal Trade Commission settled charges with three ticket brokers for violating the Better Online Ticket Sales (BOTS) Act, which was passed in 2015. These are the first case brought under...more

United States v. Sabre Corp: The Correct Decision, The Wrong Analysis

The Justice Department lost another merger the other day. This one was their challenge to Sabre’s acquisition of Farelogix. Sabre aggregates air fares in a hosted environment and serves about 50 percent of the market. ...more

The Justice Department and FTC Announce Expedited Antitrust Review for Coronavirus Public Health Efforts

On March 24, 2020, the Antitrust Division of the Justice Department and the Bureau of Competition of the Federal Trade Commission announced that they are adopting expedited processes for reviewing potential collaborations or...more

HSR Early Termination Procedures Suspending During Pandemic

Please be advised that the FTC and DOJ are suspending hard copy HSR filings effective today, and will be implementing an FTP site for electronic-only HSR filings shortly. No filings at all will be accepted today. The FTC...more

FTC Revises Hart-Scott-Rodino Thresholds for 2020

On January 28, 2020, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

FTC and DOJ Release Draft Vertical Merger Guidelines

On January 10, the Federal Trade Commission and Department of Justice released a draft of their long-anticipated vertical merger guidelines and withdrew their 1984 Vertical Merger Guidelines. Vertical mergers received a...more

Investigating Big Tech!

Elizabeth Warren is calling for aggressive enforcement of the antitrust laws. The House Judiciary is opening hearings on big tech, and the Justice Department and FTC have allocated amongst themselves responsibility for...more

Breaking Up Facebook?

There seems to be a growing concern that Facebook is too big and should be broken up. Among those calling for the breakup are Elizabeth Warren, Chris Hughes and Alexandria Ocasio-Cortez. The FTC has asked Congress to pass a...more

United States v. Academy of Motion Picture Arts & Science

The Academy of Motion Picture Arts & Science, the folks who bring you the Oscars, are voting on a rule change that would exclude movies by companies like Netflix from consideration. The Justice Department apparently does not...more

Elizabeth Warren Wants to Break Up Big Data – Could She Do It?

Presidential Candidate Elizabeth Warren thinks Big Tech is too big and wants it—and, in particular, Amazon, Facebook and Google—broken up and their past mergers and acquisitions unwound. And the FTC recently announced it was...more

Webtaxi: A Wrong Decision on “Algorithmic Price Fixing”

The Luxembourg Competition Authority recently handed down a decision that found an app-based taxi booking system, Webtaxi, was not a hardcore violation of the relevant competition law banning price fixing. The algorithm...more

8/10/2018  /  Competition , Luxembourg , Price-Fixing , Uber

Courts Must Only Offer “Respectful Consideration” to Foreign Governments’ Statements Interpreting Their Laws in Antitrust Cases

On June 14, 2018, in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the Supreme Court held that Courts are not obliged to accept statements from a foreign government agency on the meaning and effects of...more

The Bayer/Monsanto Digital Farming Licensing Remedy: Structural or Behavioral?

The European Union (“EU”) recently concluded its investigation of the Bayer Monsanto transaction. As part of the remedy, Bayer has agreed to license to BASF its “entire global digital agriculture product portfolio and...more

4/4/2018  /  Acquisitions , Bayer , Competition , EU , Monsanto , Popular

Ozzy Osbourne is an Antitrust Plaintiff

Ozzy Osbourne has filed an antitrust suit against against AEG, the operator of the O2 Arena in London and operator of the Staples Center in LA, among others. Ozzy is alleging that AEG is illegally requiring artists perform...more

Seller Beware When Using Third-Party Services to Manage Returns

The Wall Street Journal recently published an article discussing a growing practice among retailers who use third-party services to identify fraudulent returns. These services will inform retailers when they think a return is...more

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