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German Government Expresses Reservations About Alleged Anti-Competitive Effects of Common Ownership

by Dentons on

In July 2017, the German Government released a statement on common ownership. The statement responds to a report by the German Monopolies Commission (an independent advisory body composed of experts which publishes regular...more

Only 'full-function' joint ventures subject to EU merger control: C-248/16 Austria Asphalt v Bundeskartellanwalt

by DLA Piper on

On 7 September 2017 the EU Court of Justice ruled that the creation of a joint venture is subject to merger control only where the target company is 'full-function' - i.e. an autonomous economic entity. The Court clarified...more

EU Court Decides EU Merger Control Can Only Catch Joint Control Transactions If the Resulting Entity Is ‘Full-Function’

by Shearman & Sterling LLP on

On September 7, 2017, the European Court of Justice (ECJ) decided that, where joint control is acquired over a new or existing undertaking (or parts of an undertaking), that transaction can only fall within the scope of the...more

New rules on merger control in Italy

by DLA Piper on

The annual competition act for 2017 (Law n. 124 of 4 August 2017, published in the Official Journal on 14 August 2017; hereinafter “2017 Competition Act”) has amended – with effect from 29 August 2017 – the requirements that...more

New turnover thresholds for the prior notification of mergers (Italian)

by Dentons on

A partire dal 29 agosto 2017, si applicheranno nuove soglie di fatturato per la notifica preventiva delle operazioni di concentrazione all’Autorità Garante della Concorrenza e del Mercato (“AGCM”). Le nuove soglie sono...more

New turnover thresholds for the prior notification of mergers in Italy

by Dentons on

As of August 29, 2017, new turnover thresholds will apply for the prior notification of mergers to the Italian Competition Authority (ICA). The new thresholds have been set by Law n. 124/2017 of August 4, 2017 (Annual...more

Everything Compliance-Episode 16, review of the book The Chickenshit Club

by Thomas Fox on

In this episode, the Everything Compliance trio of Matt Kelly, Jay Rosen and Tom Fox unpack our first book review. We consider the recently released The Chickenshit Club by Jesse Eisinger and it may mean for the compliance...more

Across the Board-Episode 1, the Uber Board

by Thomas Fox on

In this inaugural podcast of Across the Board, I consider the Holder Report to the Uber Board of Directors, which led to the resignation of CEO Travis Kalanick. In June, the law firm of Covington & Burling LLP (Covington),...more

State regulation of foreign investments in Russia to undergo major changes

by Dentons on

The Russian Federation State Duma is adopting two draft laws at the same time amending the Strategic Investments Law. Contrary to the statements by Federal Antimonopoly Service representatives about “selective improvement” of...more

Buy and Build Strategy Increases Antitrust Risk for Private Equity

by Latham & Watkins LLP on

Private equity firms have sought a greater number of buy and build opportunities in recent years, amid high valuations and competition for primary deals. In our view such deals carry higher antitrust risks and warrant careful...more

A "reasonable basis" for FPRs: what to expect this renewal season from state franchise examiners in light of the proposed NASAA...

by DLA Piper on

Last fall, the North American Securities Administrators Association Inc. (NASAA) issued a notice of request seeking public comment on an updated proposed financial performance representations (or FPR) Commentary. The Federal...more

Analysis: Cyber-Monitoring: The Next Frontier

by Dickinson Wright on

Cybersecurity is “hot” and will stay “hot” for corporations, executives, regulators, law enforcement and legislators. Rarely is there a corporate compliance discussion in 2017 where cyber isn’t “the” topic or a material part...more

First case on Market Manipulation decided in New Zealand

by DLA Piper on

The High Court (Court) decision in Financial Markets Authority v Warminger is being read with interest by capital market participants as the first case on market manipulation decided in New Zealand. The Court found that...more

Hart-Scott-Rodino Threshold Crosses $80 Million Mark

by Foley & Lardner LLP on

On January 26, 2017, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more

HSR Filing Threshold Increases to US$80.8 Million

by Dechert LLP on

The U.S. Federal Trade Commission (“FTC”) announced on January 19, 2017 that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will be raised about 3.3 percent from the...more

Update – FTC Revises Hart-Scott-Rodino Thresholds Effective February 27, 2017

On January 19, 2017, the Federal Trade Commission (FTC) announced the latest annual revision to the size thresholds governing premerger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976,...more

FTC Announces Annual Changes to HSR Thresholds (2017)

by White & Case LLP on

On January 19, 2017, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds...more

FTC Announces Hart-Scott-Rodino Annual Threshold Adjustments

The Federal Trade Commission (FTC) has announced the annual revisions to the monetary thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under Section 7A of...more

Update On Annual Adjustment To HSR Reporting Threshold And Recent Enforcement Actions Against Investors

by Seyfarth Shaw LLP on

The Federal Trade Commission (FTC) recently announced that the 2017 size-of-transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act, as added by the Hart-Scott-Rodino...more

FTC Announces Increased Thresholds for HSR Premerger Notifications and Interlocking Directorates

by Snell & Wilmer on

The Federal Trade Commission (FTC) announced on January 19, 2017 the revised transaction thresholds that trigger the requirement to file a premerger notification and report form under the Hart-Scott-Rodino Antitrust...more

Basic HSR Threshold to Increase to $80.8 Million

by WilmerHale on

The Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Once effective, the lowest size-of-transaction filing threshold (also known as the $50 million...more

Higher Filing Thresholds for HSR Act Premerger Notifications and Interlocking Directorates Announced

1. Higher Thresholds For HSR Filings - On January 19, 2017, the Federal Trade Commission announced revised, higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The...more

Antitrust Enforcers At It Again: More HSR Actions Against Individuals Announced

by Goodwin on

In a trend that is sure to continue no matter the policy leanings of the incoming Trump administration, the Federal Trade Commission (FTC) announced this week that it has obtained nearly $1 million in civil penalties for two...more

HSR Act Violations Continue Trend of Heightened Enforcement, Increased Fines in 2016

by Morgan Lewis on

The past year was a challenging one for investors purchasing voting securities in public corporations with respect to compliance with the Hart-Scott-Rodino Antitrust Improvements Act....more

Change in Shareholder Approval Requirements for Certain TSX-V-Listed Issuers Undertaking a Change of Business or Reverse Takeover

by Bennett Jones LLP on

On December 15, 2016, the TSX Venture Exchange (TSX-V) published amended Policy 5.2 – Changes of Business and Reverse Takeovers of the TSX Venture Exchange Corporate Finance Manual (Policy 5.2). The amendments to Policy 5.2...more

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