Mergers & Acquisitions Consumer Protection

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Health Update - February 2017

Securing the Safety Net for America's Vulnerable Populations - Editor's Note: America's population is aging rapidly. By 2029, 75 million baby boomers will have reached age 65 and older, and older adults will represent...more

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

FTC Announces Increased HSR and Interlocking Directorate Thresholds

The U.S Federal Trade Commission (FTC) recently announced the revised transaction thresholds that trigger a requirement to file a premerger notification and report form under the Hart-Scott-Rodino Antitrust Improvements Act...more

FTC Takes Another Look at Merger Remedies

On 3 February 2017, the U.S. Federal Trade Commission (FTC) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to 2012. Nearly two decades after it issued a similar...more

Q&A with Joshua Gans, author of “The Disruption Dilemma”

Your recent book “The Disruption Dilemma” examines how disruption can destroy even the best managed corporations. The case studies in your book – the mobile phone industry disrupted by Apple, Blockbuster’s store-based video...more

Aetna-Humana Merger Blocked

The District of Columbia federal court recently ruled that a proposed $37 billion merger between health insurance giants Aetna and Humana cannot proceed, granting the US Department of Justice’s bid to block the combination on...more

FTC Increases HSR and Clayton Act Thresholds

The Federal Trade Commission (FTC) recently announced that the reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (H-S-R) Antitrust Improvements Act of 1976 (the Act), will be increased....more

FTC Announces Annual HSR Premerger Notification Threshold and Clayton Act Interlocking Directorate Thresholds Adjustments

The Federal Trade Commission (FTC) has announced that the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) thresholds will be increased. The FTC also announced that it has revised the thresholds that trigger...more

2017 Food And Beverage Industry Outlook: Part 2

As discussed in part 1 of this two-part series, the food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S....more

FTC Announces Revised Hart-Scott-Rodino Thresholds Effective Feb. 27, 2017

The Federal Trade Commission (FTC) has announced its annual revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after Feb. 27,...more

FTC Announces 2017 Thresholds Under HSR Act and Clayton Act

Primary HSR filing threshold will be raised to $80.8 million - The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation. As...more

HSR and Interlocking Directorate Thresholds Announced for 2017

On 19 January 2017, the Federal Trade Commission (FTC) released the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust...more

FTC Announces 2017 Thresholds for Merger Control Filings Under the HSR Act and Interlocking Directorates Under the Clayton Act

The Federal Trade Commission (“FTC”) has announced its annual revisions to the dollar jurisdictional thresholds in Section 7A of the Clayton Act and the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR...more

Annual HSR Merger Notification Threshold Adjustments Announced

On January 19, the Federal Trade Commission (FTC) announced the annual changes to the thresholds of the Hart-Scott-Rodino Antitrust Improvements Act (the HSR Act). These thresholds are adjusted annually based on changes in...more

Changes to Polish Antimonopoly Law in a Nutshell

The Polish Office of Competition and Consumer Protection (Urzad Ochrony Konkurencji i Konsumentów, “UOKiK”) has recently published its 2015 annual report presenting its first experiences with the recent amendments to Polish...more

2016 Year In Review: Securities Litigation And Regulation

2016 was an active year in securities litigation. In the first half of 2016 alone, plaintiffs filed 119 new federal class action securities cases. It was also a busy year for SEC enforcement proceedings, with a record 868...more

Deals and Data: Cybersecurity M&A Due Diligence

Cybersecurity due diligence is quickly becoming part of standard best practices in Merger & Acquisition (“M&A”) deals. Traditionally, the primary goal of due diligence is to investigate the target of a merger or acquisition...more

Protecting Large, National Customers in Merger Enforcement—A Temporary Trend?

The past year has seen some significant and interesting challenges brought by the federal antitrust agencies in the merger space. There has been evidence for years of the agencies’ aggressive willingness to litigate. And...more

Assessing the Trump Administration’s Approach to Antitrust and Unfair Competition

As President-elect Donald Trump prepares to take the helm of the executive branch of the federal government, many are asking how he will approach antitrust regulation. Conventional wisdom holds that Republicans are more...more

2016 Antitrust Case Law And FTC Action Highlights FTC Agency’s Approach To Hospital Mergers

In 2016, the Federal Trade Commission prevailed in litigation before the Third and Seventh Circuit Courts of Appeal related to two high-profile hospital mergers. In both cases, the courts of appeal overturned the federal...more

What A Breach: More Than 1 Billion Yahoo! User Accounts Compromised

On Wednesday, Yahoo! disclosed that more than 1 billion of its users’ personal information was exposed in a newly discovered cyber-attack, making it the largest data breach reported to date. The breach apparently took place...more

Appeals Court Decisions Strengthen FTC's Hand in Hospital Merger Challenges

The fall of 2016 has proved to be a difficult time for hospitals seeking to complete mergers in the face of antitrust challenges brought by the Federal Trade Commission (FTC). After failing initially to persuade federal...more

FTC's Winning Streak Restored: Seventh Circuit Reverses Denial of Preliminary Injunction in Chicago Hospital Merger, Competition...

Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more

Further Guidance on the HSR Act Investment-Only Exemption for Seemingly “Passive” Investors Engaging with Management

Investors considering engaging with management should take note of a recent informal interpretation received from the FTC’s Premerger Notification Office (PNO) advising that certain seemingly “passive” behavior is...more

FTC Scores Another Victory in FTC v. Advocate Health Care Network

The Federal Trade Commission (FTC) won another decisive victory in its effort to fight health care provider consolidation when the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s decision denying the...more

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