U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare.
On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more
8/2/2024
/ Acquisitions ,
Antitrust Provisions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Investment ,
Mergers ,
Popular ,
Private Equity ,
Sherman Act ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
The U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), has announced a proposed rule to expand CFIUS’s jurisdiction over real estate transactions by...more
7/23/2024
/ CFIUS ,
China ,
Civil Monetary Penalty ,
Compliance ,
FIRRMA ,
Foreign Investment ,
Investment ,
Jurisdiction ,
Real Estate Market ,
Technology Sector ,
U.S. Treasury
With an eye towards preserving and expanding the gatekeeper role in national security, the Committee on Foreign Investment in the United States (CFIUS) has issued proposed rules to strengthen enforcement....more
The U.S. Department of Justice (“DOJ”) recently announced the creation of the Health Care Monopolies and Collusion Task Force (the “HCMC Task Force”) aimed at resolving antitrust issues in the health care industry. ...more
5/23/2024
/ Antitrust Division ,
Collusion ,
Data Protection ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Investigations ,
Monopolization ,
Patients ,
Private Equity ,
Technology
Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more
4/26/2024
/ Antitrust Provisions ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Healthcare ,
Robinson-Patman Act ,
Sherman Act ,
The Clayton Act
The Federal Trade Commission's Bureau of Competition and the U.S. Department of Justice Antitrust Division earlier this year released a joint statement reiterating document preservation obligations for companies and...more
4/11/2024
/ Antitrust Division ,
Antitrust Litigation ,
Department of Justice (DOJ) ,
Document Preservation Notices ,
Electronic Communications ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Guidance Update ,
Hart-Scott-Rodino Act ,
Instant Messaging Apps ,
Pre-Merger Filing Requirements ,
Slack ,
Text Messages
Proskauer’s Hedge Fund Trading Guide offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It is written not only for lawyers, but also...more
Implications for CFIUS Reporting and Review -
The Executive Branch, through the National Science and Technology Council and the National Security Council, committed in 2020 to identify that are potentially significant to...more
3/1/2024
/ Artificial Intelligence ,
Automation Systems ,
CFIUS ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Emerging Technology Companies ,
Infrastructure ,
National Security ,
Robotics ,
Semiconductors ,
Supply Chain ,
Technology Sector
In April 2023, we published an overview of the BE-12, a benchmark survey conducted every five years by the Department of Commerce’s Bureau of Economic Analysis (“BEA”) to gather information about foreign direct investment in...more
The U.S. Office of the Comptroller of Currency (OCC) released a notice of proposed rulemaking (NPR) seeking to “increase the transparency of the standards that apply to the agency’s review of business combinations involving...more
2/26/2024
/ Bank Merger Act ,
Banking Sector ,
Banks ,
Financial Institutions ,
Hart-Scott-Rodino Act ,
Mergers ,
Notice of Proposed Rulemaking (NOPR) ,
OCC ,
Pre-Merger Filing Requirements ,
Proposed Rules ,
Transparency
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity. As is our annual practice, this alert identifies...more
1/30/2024
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Department of Justice (DOJ) ,
Fair Market Value ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Penalties ,
Section 8 ,
The Clayton Act ,
Threshold Requirements
The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released the 2023 Merger Guidelines on December 18, 2023. Following a 60-day public comment period that solicited over 30,000 comments from a variety...more
On August 9, 2023, President Biden signed Executive Order 14105 addressing investments by U.S. persons in certain identified national security technologies in “Countries of Concern,” initially naming The People’s Republic of...more
8/24/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
China ,
Cybersecurity ,
Executive Orders ,
Foreign Investment ,
Investment ,
National Security ,
Outbound Transactions ,
Popular ,
Semiconductors ,
Technology Sector
“Merger review is about to get thornier. While the FTC and DOJ have been tightening the merger review process incrementally over the course of the Biden administration, the newly proposed HSR rule changes represent a...more
On the heels of the historic proposed changes to the Hart‑Scott‑Rodino (“HSR”) merger review process, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission released the 2023 Draft Merger...more
On June 29, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking that would dramatically expand HSR reporting requirements. The historic changes fundamentally alter the HSR reporting landscape,...more
7/12/2023
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Limited Partnerships ,
Mergers ,
Non-Controlling Interests ,
Notice of Proposed Rulemaking (NOPR) ,
Reporting Requirements ,
White Papers
On June 15, 2023, the Federal Trade Commission’s Bureau of Competition issued a statement on the relationship between voluntary interviews with the agency and contractual provisions that require or limit the disclosure of...more
A Unique Resource for Businesses Managing Price Gouging Compliance -
The Proskauer on Price Gouging Compendium provides a detailed analysis of price gouging statutes over the 2020 to 2023 pandemic period, covering how...more
Private equity firms and fund managers continue to see an increase in regulatory action from the federal government. On the heels of the rapidly approaching deadline for BE-12 filing and the DOJ's increased use of Section 8...more
4/7/2023
/ BEA ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Filing Requirements ,
Form BE-12 ,
Fund Managers ,
Investigations ,
Popular ,
Private Equity ,
Private Equity Firms ,
Private Equity Funds ,
Section 8 ,
The Clayton Act
As this year’s roundtable of enforcers demonstrated, big business is probably antitrust enforcers’ greatest fear. Spring in Washington means Cherry blossoms and antitrust. And last week, 3,700 antitrust lawyers and government...more
New York Attorney General Letitia James announced new price gouging rules intended to clarify New York’s price gouging law, N.Y. Gen. Bus. Law §396-r, earlier this month. The proposed rules seek to address many of the...more
The DOJ continued its transformation of long-standing antitrust policy on February 3rd, withdrawing a slate of long-standing antitrust policy statements addressing healthcare markets and providers. The three guidance...more
Primary HSR filing threshold will be increased to $111.4 million -
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior...more
Antitrust claims in a class action case filed against Amazon in U.S. Federal District Court will largely proceed, after the Court allowed most of the consumers’ pricing claims to survive a motion for summary judgment. The...more
While states continue to lift their COVID related states of emergency, new price gouging claims are being made and ongoing price gouging litigation continues to wind through the courts. The federal government also now...more