News & Analysis as of

The Clayton Act

Defending Competitive Harm with Efficiencies: A Fire Swamp of Trouble

by BakerHostetler on

The use of efficiencies as a defense remains without a firm footing in law when a transaction has demonstrable and substantial anticompetitive effects. In Rob Reiner’s classic fantasy adventure The Princess Bride,...more

“SMARTER” Act Advances in Congress: Will It Become Law?

For the third straight legislative session, the House Judiciary Committee has voted in favor of a bill—the Standard Merger and Acquisition Reviews Through Equal Rules (“SMARTER”) Act—that would amend the Clayton Act and...more

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

by 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

Federal and State Antitrust Enforcement Takeaways From the 2017 ABA Antitrust Law Spring Meeting

by 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 this first of a three-part...more

“Horizontal Shareholding:” Is Oligopoly Pricing a Symptom or the Disease?

by Foley & Lardner LLP on

In 2008, the U.S. Department of Justice’s Antitrust Division (“DOJ”) let Delta Air Lines merge with Northwest Airlines. Two years later, in 2010, the DOJ cleared United Airlines’ acquisition of Continental Airlines, after the...more

House votes to eliminate antitrust exemption for health insurers

by DLA Piper on

While the House of Representatives put repeal of the Affordable Care Act (ACA) on hold last week, it passed legislation that would eliminate the 70-year-old "McCarran-Ferguson" antitrust exemption for the insurance industry....more

Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

by Holland & Knight LLP on

After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust...more

FTC Announces Increased HSR and Interlocking Directorate Thresholds

by Hodgson Russ LLP on

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

Discovery Rule is Better Accrual Standard for Antitrust Claims

by Zelle LLP on

The Clayton Act creates a federal civil cause of action for anti-competitive business practices. The act as originally passed in 1914, however, did not include a statute of limitations. Thus, for approximately 40 years,...more

FTC Announces Increased Hart-Scott-Rodino Thresholds - January 2017

by King & Spalding on

On January 19, 2017, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

by K&L Gates LLP on

In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more

FTC Increases HSR and Clayton Act Thresholds

by Perkins Coie on

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

by Stinson Leonard Street on

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

Hart-Scott-Rodino Threshold Crosses $80 Million Mark

by Foley & Lardner LLP on

On January 26, 2017, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more

FTC Announces New Hart-Scott-Rodino Dollar Thresholds for 2017

by Locke Lord LLP on

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act), requires parties to a proposed merger; acquisition of stock, assets or unincorporated interests; or other business combination meeting...more

HSR Thresholds Will Increase for 2017 Transactions

On February 27, 2017, revised thresholds for the Hart-Scott-Rodino Act (HSR) will take effect. The thresholds determine whether parties involved in proposed mergers, consolidations, or other acquisitions of voting securities,...more

HSR Filing Threshold Increases to US$80.8 Million

by Dechert LLP on

The U.S. Federal Trade Commission (“FTC”) announced on January 19, 2017 that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will be raised about 3.3 percent from the...more

Federal Trade Commission Increases Interlocking Directorates Thresholds

by Bryan Cave on

Last week the Federal Trade Commission published its annual revision of the interlocking directorates thresholds under Section 8 of the Clayton Act. The new thresholds are effective today, January 26, 2017....more

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

by Holland & Knight LLP on

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 Hart-Scott-Rodino Annual Threshold Adjustments

The Federal Trade Commission (FTC) has announced the annual revisions to the monetary thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under Section 7A of...more

FTC Announces Annual Revised HSR Thresholds, Increased Penalties

by Bass, Berry & Sims PLC on

The Federal Trade Commission has announced revised thresholds applicable to Hart-Scott-Rodino (HSR) notification requirements, which will be effective in late February 2017. The revised thresholds are...more

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $80.8 million

by McDermott Will & Emery on

Pursuant to the amendments passed by the US Congress in 2000, the FTC announced revised thresholds for HSR pre-merger notifications on January 19, 2017. These increased thresholds will become effective 30 days following...more

Alert: Revised 2017 Hart-Scott-Rodino Antitrust Thresholds

by Cooley LLP on

On January 19, 2017, the Federal Trade Commission announced its annual revisions to the Hart-Scott-Rodino Act ("HSR") jurisdictional thresholds, increasing key thresholds approximately 3.3% to reflect changes in the gross...more

FTC Announces Increased Thresholds for HSR Premerger Notifications and Interlocking Directorates

by Snell & Wilmer on

The Federal Trade Commission (FTC) announced on January 19, 2017 the revised transaction thresholds that trigger the requirement to file a premerger notification and report form under the Hart-Scott-Rodino Antitrust...more

FTC Announces 2017 Thresholds Under HSR Act and Clayton Act

by Proskauer Rose LLP on

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

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