News & Analysis as of

Hart-Scott-Rodino Act Federal Trade Commission (FTC) Compliance

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 -
Lighthouse

Navigating Antitrust Enforcement: The Supreme Court Decision on Chevron Doctrine

Lighthouse on

Summary: Understanding the context of the Chevron doctrine decision is important to prepare for the unpredictability of antitrust enforcement. Our recommendations for in-house counsel help to jumpstart your game plan....more

HaystackID

August 2024 HSR Transaction Update

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The mergers and acquisitions (M&A) landscape remains a key area of focus for business and legal professionals, reflecting the broader economic climate and regulatory trends. For eDiscovery specialists, understanding the ebb...more

HaystackID

April 2024 HSR Transactions: Examining the Impact on Cybersecurity and eDiscovery Practices

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In the first quarter of 2024, the U.S. economy demonstrated a moderated growth rate of 1.6 percent in real GDP, marking a slowdown from the 3.4 percent growth observed in the last quarter of 2023. Despite this deceleration,...more

HaystackID

March 2024 HSR Transactions: Unpacking Their Implications for Cybersecurity and eDiscovery Trends

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Editor’s Note: This comprehensive report explores the intricate relationship between economic trends, Hart-Scott-Rodino (HSR) transaction activities, and their implications for professionals in cybersecurity, information...more

Mintz - Health Care Viewpoints

California Health Care Legislative Update: Fall 2023

Governor Newsom signed 890 bills and vetoed 156 bills in 2023. Every year, California passes multiple laws that impact health care practitioners and health facilities and, as further described below, 2023 is no exception....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

Morrison & Foerster LLP

U.S. Antitrust Authorities’ Recent Scrutiny of Interlocking Directorates Signals Escalation of Enforcement Under Section 8 of the...

Morrison & Foerster LLP on

Recent scrutiny of interlocking directorates – when a person serves as an officer or board director of two competing corporations – by the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission...more

Epstein Becker & Green

FTC Publishes Its Strategic Plan for Next Five Years

Epstein Becker & Green on

On August 26, 2022, the Federal Trade Commission (FTC) published its “Strategic Plan for Fiscal Years 2022–2026,” as required under the GPRA Modernization Act of 2010....more

Husch Blackwell LLP

FTC Increases 2022 Hart-Scott-Rodino Filing Thresholds

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The Federal Trade Commission (FTC) recently announced an increase as part of its annual adjustment to the monetary thresholds that apply to mergers and acquisitions per the Hart-Scott-Rodino Antitrust Improvements Act of...more

Perkins Coie

FTC Announces 2021 Changes to HSR and Clayton Act Thresholds, Temporarily Suspends Early Termination

Perkins Coie on

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

Health Care Compliance Association (HCCA)

United States Department of Justice addresses antitrust issues during COVID-19

Compliance Today (June 2020) - The coronavirus epidemic is forcing organizations, especially those in the healthcare field, to collaborate in ways that could violate US antitrust regulations. To head off any violations...more

Morgan Lewis

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

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

Dechert LLP

FTC Raises Maximum Civil Penalty to $40,000; HSR Act and Other Continuing Violations May Incur Civil Penalties of Over $14 million...

Dechert LLP on

Key Points: The FTC is raising the maximum civil penalty that may be imposed for certain violations from $16,000 to $40,000. For HSR Act violations, where penalties may be imposed for each day the person is in...more

Sheppard Mullin Richter & Hampton LLP

Maximum Civil Penalties for HSR Violations to Increase to $40,000 per Day

For parties considering a merger or other transaction, the civil penalties for failing to comply with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) are about to increase significantly. On June 29,...more

Perkins Coie

Activist Funds Must Comply with HSR Premerger Reporting Rules

Perkins Coie on

The Federal Trade Commission (FTC) filed a complaint in August 2015 against three affiliated activist hedge fund companies and Third Point LLC, their management company, for acquiring voting securities in Yahoo! Inc. without...more

Proskauer Rose LLP

Passive Means Passive! Missed HSR Filing Spurs Antitrust Enforcers' Ire - But Change May Be Coming

Proskauer Rose LLP on

The Federal Trade Commission, in its latest enforcement action relating to Hart-Scott-Rodino Act compliance, reminds investors that strict adherence to HSR filing requirements is a must, but also may have signaled that a long...more

Proskauer Rose LLP

Strong HSR Compliance Programs Remain a Necessity

Proskauer Rose LLP on

Continued strong antitrust enforcement under the Hart-Scott-Rodino Act (HSR) reminds us that HSR compliance issues can arise in unexpected places. When Berkshire Hathaway Inc. acquired voting securities of Symetra Financial...more

Dechert LLP

FTC Orders Greater HSR Reporting of Patent Licenses in the Pharmaceutical Sector

Dechert LLP on

Background. One item on the negotiation checklist for patent licenses in the pharmaceutical sector is compliance with the U.S. Hart-Scott-Rodino (“HSR”) Premerger Notification Rules. The HSR rules require that certain patent...more

BakerHostetler

FTC Investigations of Technology Transactions – Am I at Risk?

BakerHostetler on

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, a FTC attorney advisor who reviewed non-public information on decisions to investigate proposed...more

BakerHostetler

FTC Investigations of Pharma and Medical Device Transactions – Am I at Risk?

BakerHostetler on

A recent article in the Antitrust Law Journal titled “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the...more

Morrison & Foerster LLP

Recent Cases Serve as a Reminder of the Potential Impact of HSR Reporting Requirements and Other Key Disclosure Rules on...

Two recent enforcement actions by the Department of Justice and the Federal Trade Commission (the “FTC”) confirm that there is continuing attention in the United States on compliance by investors with the reporting...more

Perkins Coie

Federal Merger Enforcement Increases To Highest Level In Five Years

Perkins Coie on

Hart-Scott-Rodino Filings Decreased Slightly in 2012, but Percentage of Investigations Leading to Second Requests and Enforcement Actions Increased; FTC Continues to Enforce HSR Act in Connection with Corporate Officers' and...more

Skadden, Arps, Slate, Meagher & Flom LLP

"FTC Issues Final Amendments Regarding Withdrawal of HSR Filings"

On June 28, 2013, the Federal Trade Commission (FTC) adopted a proposed rulemaking to codify its longstanding informal procedures for voluntarily withdrawing and refiling an HSR filing and, more significantly, to mandate that...more

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