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Hart-Scott-Rodino Act Antitrust Violations

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 -
A&O Shearman

Recent HSR enforcement action underscores that the FTC is not playing games with HSR Act violations

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The U.S. antitrust agencies are routinely on alert for violations of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), even in instances where there are no competitive or otherwise apparent antitrust...more

Wilson Sonsini Goodrich & Rosati

FTC Issues $1 Million Civil Penalty for HSR Act Violation

While companies wait for the new Hart-Scott-Rodino (HSR) Act filing requirements to be finalized, the Federal Trade Commission (FTC) made headlines by filing an enforcement action against and obtaining nearly $1 million in...more

A&O Shearman

U.S. DOJ Seeks Rare USD3.5 million “Gun Jumping” Penalty For Alleged Pre-Closing Conduct In Violation Of Hart-Scott-Rodino Act

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On August 5, 2024, the United States Department of Justice filed a rare gun jumping civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against a global sports and...more

Baker Botts L.L.P.

DOJ Obtains $3.5 Million Civil Penalty and Appoints Antitrust Compliance Officer to Resolve Gun-Jumping Concerns

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On August 5, the Department of Justice (DOJ) secured a landmark decision from the U.S. District Court for the District of Columbia in a high-profile monopolization litigation....more

Morrison & Foerster LLP

Don’t Jump the Gun: The US Department of Justice Issues Rare $3.5 Million Civil Penalty for Gun Jumping

On August 5, 2024, the U.S. Department of Justice (DOJ) filed a proposed settlement with Legends Hospitality Parent Holdings (“Legends”), a global venue services company, in connection with its proposed acquisition of ASM...more

A&O Shearman

U.S. DOJ seeks rare $3.5 million “gun jumping” penalty against Legends Hospitality for pre-closing conduct in connection with its...

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On August 5, 2024, the United States Department of Justice (“DOJ”) filed a rare[1] gun jumping[2] civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against Legends...more

Vinson & Elkins LLP

Gun-Jumping Isn’t the Stuff of Legends: DOJ Fines Hospitality Management Company $3.5 Million for Alleged Unlawful Pre-merger...

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On August 5, 2024, the Department of Justice (“DOJ”) announced that it filed a civil complaint and proposed settlement with Legends Hospitality Parent Holdings LLC (“Legends”) for unlawful pre-merger coordination, commonly...more

Goodwin

District Court Grants Welsh Carson’s Motion to Dismiss in FTC’s “Roll-Up” Monopolization Case; Case Against U.S. Anesthesia...

Goodwin on

The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more

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

Lowenstein Sandler LLP

Fiscal Year 2022 Hart-Scott-Rodino Annual Report Provides Data on Antitrust Merger Enforcement for First Full Fiscal Year of Biden...

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The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through...more

Venable LLP

Tuna Price-Fixing Summary Judgment Decision Is a Warning to Private Equity

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A private equity firm and its investment advisor are facing trial over claims they participated in a price-fixing conspiracy for canned tuna carried out at their portfolio company, Bumble Bee tuna. The judge overseeing the...more

King & Spalding

Illinois House Passes Legislation to Increase State Oversight of Healthcare Consolidation

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On March 24, 2023, the Illinois House of Representatives passed HB 2222. If passed by the Illinois Senate and signed by Illinois’ Governor, HB 2222 would amend the Illinois Antitrust Act (the Act) to add reporting...more

WilmerHale

ABA Spring Meeting Sessions Key Highlights From US Antitrust Enforcers' Statements (March 29–31, 2023)

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Below are key highlights from statements by US antitrust enforcers at the ABA Antitrust Section’s Spring Meeting held from March 29-31 in Washington DC....more

Morgan Lewis

New Legislation Dramatically Increases Funding to US Antitrust Agencies Over Five Years, Ensuring Aggressive Enforcement

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In what appears to have been in part a trade for tabling new antitrust legislation, at least for now, the Biden administration dramatically increased funding for the Federal Trade Commission and the Antitrust Division of the...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

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In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

McGuireWoods LLP

Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk

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Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more

Benesch

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

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​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for...more

Wilson Sonsini Goodrich & Rosati

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more

Akin Gump Strauss Hauer & Feld LLP

$85 Million Poultry Processor Wage-Fixing Settlement Provides Valuable Antitrust- and Privacy-Related Compliance Lessons for HR...

Key Points - As part of the antitrust agencies’ public commitment to investigate and prosecute competitive harm in labor markets, the DOJ Antitrust Division fined three major U.S. poultry processors and a data consulting...more

The Volkov Law Group

The New “Era” of Antitrust Enforcement (Part I of III)

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There is no question but we are in the “perfect storm” for antitrust enforcement.  Antitrust enforcement is fast-becoming an area of rare “bipartisanship.”  Republicans resent the growing power and influence of technology and...more

Proskauer Rose LLP

FTC Rings in the New Year with HSR Enforcement and Penalties Front and Center for Investors

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The FTC has announced penalties in two separate enforcement actions totaling almost $2 million for alleged violations of the HSR Act. The matters: U.S. v. Clarence L. Werner c/o Werner Enterprises, Inc.; and U.S. v. Biglari...more

Epiq

Planning a Merger? Make Sure to Review the Annual Antitrust Enforcement Update

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Every year, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division submit a report to Congress thoroughly summarizing merger investigation and enforcement efforts targeting transactions that...more

Cozen O'Connor

Capital One CEO Allegedly Failed To Report Windfall Transaction To Antitrust Enforcement Agencies

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The Federal Trade Commission (“FTC”) reached a settlement with Richard Fairbank, CEO of Capital One Financial Corp. (“Capital One”), to resolve allegations that he failed to report a windfall generated by his acquisition of...more

Cozen O'Connor

State AGs Seek Federal Funding For Antitrust Enforcement

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The National Association of Attorneys General (“NAAG”) sent a letter to Congress signed by a bipartisan group of 45 AGs calling on legislators to provide funding to support state antitrust enforcement efforts...more

Akin Gump Strauss Hauer & Feld LLP

Senate Democrat Introduces Sweeping Antitrust Legislation

On Thursday, February 4, Senator Amy Klobuchar (D-MN), Chair of the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights, announced the introduction of a sweeping antitrust reform...more

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