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Hart-Scott-Rodino Act › Antitrust Investigations

The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or... more +
The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or acquisitions must notify the Department of Justice and the Federal Trade Commission prior to completing the transaction. Once notified, the DOJ and FTC investigate and make a determination as to whether the proposed transaction will adversely impact U.S. commerce and competition within the market. less -
McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

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The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

WilmerHale

Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

WilmerHale on

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more

Brownstein Hyatt Farber Schreck

FTC Proposes ‘Comprehensive Redesign of the Premerger Notification Process’

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This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

Goodwin on

Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 2

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The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 1

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The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading...more

HaystackID

A Hart-Scott-Rodino Act Transaction Update - February 2023

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Editor’s Note: The Hart Scott Rodino Act (HSR Act) is a federal law that requires companies planning to merge or acquire certain assets or voting securities to notify the Federal Trade Commission (FTC) and the Department of...more

McDermott Will & Emery

DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged

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WHAT HAPPENED - During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement...more

Hogan Lovells

FTC expands its powers to investigate proposed mergers and potentially unlawful collusive conduct

Hogan Lovells on

On 26 August 2022 the Federal Trade Commission (FTC) continued its recent trend of expanding its ability to initiate new investigations, announcing that it approved omnibus resolutions that will allow the agency to...more

Mintz - Antitrust Viewpoints

In Divided 3-2 Vote, Federal Trade Commission Authorizes Three Omnibus Compulsory Process Resolutions

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On August 26, 2022, the Federal Trade Commission (FTC) voted 3-2 to authorize two new omnibus resolutions permitting compulsory process and to revise a third, which was approved last year. These resolutions allow FTC staff to...more

Dechert LLP

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

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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

Hogan Lovells

FTC establishes broad policy to require prior approval provisions in all merger divestiture orders

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On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more

Hogan Lovells

FTC publishes report summarizing findings from study of unreported Big Tech acquisitions

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On 15 September 2021, the Federal Trade Commission (FTC) published findings from its retrospective study of the non-reported acquisitions by five large technology companies from 2010-2019 (the Report). Focusing on 616...more

WilmerHale

The FTC’s New “Warning Letter” in Merger Reviews: More Waiting After the HSR Waiting Period?

WilmerHale on

In an August 3 blog post, the Federal Trade Commission (FTC) announced a change to the FTC’s merger review process with potentially far-reaching effects. Emphasizing the agency’s constrained capacity resulting from a “tidal...more

Association of Certified E-Discovery...

[Webinar] The Dynamics of Antitrust Agency Investigations: A Second Request Update - October 14th, 12:00 pm - 1:00 pm ET

Association of Certified E-Discovery... on

HSR Act-driven Second Request responses require an uncommon balance of understanding, expertise, and experience to successfully deliver certified compliant responses. Recent FTC and DOJ updates, coupled with the increasing...more

Dechert LLP

DAMITT Q2 2020: COVID-19 Doesn’t Deter Antitrust Merger Review on Either Side of the Atlantic

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....The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more

Mintz - Health Care Viewpoints

Commissioner Chopra Releases Statement on Private Equity Physician Practice Roll-Ups with FTC/DOJ HSR Annual Report

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On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to...more

Morrison & Foerster LLP

Antitrust Filing Obligations In The Time Of COVID-19 And Financial Distress

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The spread of COVID-19 has already taken a significant toll on the health of individuals and economies across the globe. While governments are using fiscal and monetary policy tools in an effort to limit the impact on...more

Bracewell LLP

FTC to Investigate Big Tech's Past Deals and Consider Broadening Merger Notification Requirements

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In an unprecedented move further expanding its ongoing investigation of large technology companies, the Federal Trade Commission (FTC) has ordered Amazon.com, Apple, Facebook, Microsoft and Google to provide details about...more

Dechert LLP

DAMITT 2019 Year in Review: U.S. and EU merger review durations set records; Brexit in sight; DOJ vs. FTC trends

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Fast Facts - United States - - The DOJ and FTC concluded 26 significant U.S. merger investigations in 2019 – similar to the level of activity from 2011-2014 under the Obama administration but trailing the activity...more

McDermott Will & Emery

FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor

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The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more

Sheppard Mullin Richter & Hampton LLP

Axon Sues FTC Over Use of Administrative Adjudication in Merger Investigations

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On January 3, 2020, Axon Enterprises Inc. filed a complaint against the Federal Trade Commission in the United States District Court for the District of Arizona challenging the constitutionality of the FTC’s administrative...more

Dechert LLP

DAMITT Q3 2019: Trump administration efforts to block mergers nears record; EU divestitures increasingly require preapproved...

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Fast Facts - United States - - The Trump administration’s efforts to block mergers near record, with 5 significant investigations resulting in complaints in 2019 YTD. - The number of significant antitrust merger...more

Dechert LLP

DAMITT Q2 2019: New Industry Analysis Sheds Light on Significant Investigations By Sector

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Fast Facts - United States - U.S. antitrust enforcement agencies concluded 20 “significant investigations” during the rolling-twelve months (RTM) ended Q2 2019, down from 28 for the RTM ended Q2 2018....more

Dechert LLP

DAMITT Q1 2019: New Insights on Reverse Break Fees in U.S. and Pull-and-Refiles in EU; Government Shutdown Impacts Q1 Results in...

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Fast Facts - United States - The number of significant U.S. antitrust merger investigations declined almost 40% during the 12 months ending in Q1 2019 compared to the prior rolling 12 months (RTM). - The average...more

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