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Hart-Scott-Rodino Act › Divestiture

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 -
Vinson & Elkins LLP

2023 Chemicals & Energy Antitrust Report

Vinson & Elkins LLP on

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

Holland & Knight LLP

Private Equity Under the Microscope: Taking Stock of the Antitrust Enforcement Environment

Holland & Knight LLP on

The Biden Administration's aggressive antitrust enforcers have trained their sights on private equity companies. They have signaled through enforcement activities, formal policy statements and informal interviews and speeches...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

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

Goodwin

Recent FTC Enforcement Action Signifies Increased Scrutiny of Private Equity Acquisitions and Imposition of More Onerous...

Goodwin on

On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more

Goodwin

Antitrust + Competition Life Sciences Quarterly Update - Q1 2022

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Despite the aggressive rhetoric, the change in the leadership and composition at the U.S. Federal Trade Commission (FTC) did not result in more enforcement in 2021. As the calendar turned to 2022, the FTC seems to be stepping...more

WilmerHale

We Didn’t Like Your Merger, So Please Come Back: FTC Issues New Prior Approval Policy for Challenged and Aborted M&A Transactions

WilmerHale on

The US Federal Trade Commission (FTC or Commission) has announced a new policy to dramatically expand its use of prior approval orders in merger transactions. On October 25, the FTC issued a policy statement (Statement) under...more

Hogan Lovells

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

Hogan Lovells on

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

Cadwalader, Wickersham & Taft LLP

7-Eleven/Speedway: Bumps on the Road to Closing: Are Conventional Closing Conditions Sufficient to Protect Buyer Interests?

Cadwalader, Wickersham & Taft LLP on

In an extraordinary, perhaps unprecedented, action, parties to a proposed deal that had been under investigation for about nine months closed the transaction almost immediately upon expiration of the Hart-Scott-Rodino (“HSR”)...more

Perkins Coie

“Reasonableness” Is in the Eye of the Beholder: Vague Contracts Clauses Invite Litigation

Perkins Coie on

Schick, the shaving product company, recently announced it was abandoning its proposed $1.4 billion acquisition of rival startup Harry’s Razors. The announcement followed the U.S. Federal Trade Commission’s (FTC) threat to...more

Dechert LLP

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

Dechert LLP on

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

Stinson - Corporate & Securities Law Blog

FTC Speaks to Divestitures to Obtain HSR Clearance

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The FTC published its views on divestiture packages used to obtain clearance under the HSR Act. According to the FTC: “Before putting pen to paper, parties should discuss with Bureau staff what assets, rights, and...more

Bracewell LLP

Latest Developments to Affect Antitrust M&A

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The past month has seen interesting developments in the antitrust M&A arena, including the first ever successful private antitrust merger challenge resulting in a divestiture order, and the announcement by the Department of...more

Jones Day

Antitrust Alert: First Successful Private Antitrust Merger Challenge Leads to Divestiture Order

Jones Day on

A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor's merger challenge. Although the decision is certain to be appealed, it may embolden...more

McDermott Will & Emery

The Latest: FTC Challenges Non-HSR Reportable Retail Fuel Station Transaction— Requires Three Localized Divestitures in Alabama

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WHAT HAPPENED - • Alimentation Couche-Tard Inc. (ACT) is a Canadian corporation and is engaged in the retail sale of gasoline and diesel fuel in the United States. Circle K Stores, Inc. (Circle K) is a wholly owned...more

Perkins Coie

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

Dechert LLP

Antitrust Updates for Private Equity Firms

Dechert LLP on

In an era of robust merger enforcement by the U.S. antitrust agencies, opportunities abound for private equity firms to acquire divested businesses for value. These acquisitions of divested businesses are increasingly subject...more

McDermott Will & Emery

Inside M&A - August 2016

McDermott Will & Emery on

Recent Enforcement Trends in Divestiture Packages - The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Antitrust and Competition: Surveying Global M&A Enforcement Trends"

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US: Continuation of Aggressive Review and Enforcement - In 2014, the U.S. Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (FTC) further embraced their aggressive approach to merger...more

Ballard Spahr LLP

‘The Past Is Never Dead’: FTC Requires Divestiture of Acquisition Five Years After Deal Closed

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The Federal Trade Commission has approved the divestiture of a five-year old acquisition, signifying that neither complete consummation of a transaction nor the passage of time will dissuade the FTC from challenging mergers...more

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