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DAMITT Q2 2024: Abandonments Dominate the Podium in Merger Enforcement

The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more

DAMITT 2023 Annual Report: Minding the Gap in Merger Enforcement

Only 12 significant merger investigations concluded in 2023—a drop of 40 percent from just last year and by far the lowest in DAMITT history. This observed and verifiable drop sharply contrasts with recent reports that...more

Dechert Provides Comments to the U.S. Antitrust Agencies on Proposed Changes to Hart-Scott-Rodino Premerger Filings

Dechert’s antitrust group submitted comments today to U.S. antitrust agencies on their proposed top-to-bottom overhaul of premerger antitrust filings made under the Hart-Scott-Rodino (HSR) Act. The Federal Trade Commission...more

DAMITT Q3 2022: Merger Enforcement Remains Aggressive Despite U.S. Court Losses

Key Facts - United States - • Only three significant merger investigations concluded in Q3 2022. All three investigations ended with a complaint or an abandoned transaction. For the first time in more than a decade,...more

DAMITT Q2 2022: Is Merger Enforcement Taking a Conservative Turn?

In both our DAMITT 2021 Report and our Q1 2022 Report, we warned that parties to transactions subject to significant merger investigations were more likely to see the FTC or DOJ sue to block their deal or push them to abandon...more

DAMITT Q1 2022: Significant Merger Investigations Face Steeper Hurdles to Settlement

In the U.S., “significant” merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions for which the result of the investigation by the Federal Trade Commission (FTC) or the Antitrust Division of the...more

Non-Reportable ≠ Non-Reviewable: Antitrust Insights for Smaller US Mergers

Acquisitions of U.S. companies that fall below the $80.8 million Hart-Scott-Rodino (HSR) reporting threshold may pose unique risks to buyers. Unlike HSR reportable transactions, non-reportable transactions typically do not...more

FTC Orders Greater HSR Reporting of Patent Licenses in the Pharmaceutical Sector

Background. One item on the negotiation checklist for patent licenses in the pharmaceutical sector is compliance with the U.S. Hart-Scott-Rodino (“HSR”) Premerger Notification Rules. The HSR rules require that certain patent...more

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