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The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline

On April 30, 2024, the Associated Press (AP) reported the Drug Enforcement Administration (DEA) will propose a rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). More...more

FTC Announces Increased HSR Thresholds and New Filing Fee Schedule

On January 23, 2023, the Federal Trade Commission (FTC) announced its annual adjustment of the jurisdictional thresholds for pre-merger notification filings under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976 (HSR...more

Justice Department Concerns Caused Seven Directors to Resign from the Boards of Five Public Companies

In the single largest enforcement event in the history of Section 8 of the Clayton Act, it was recently revealed that seven directors have resigned from the corporate boards of five public companies in response to the Justice...more

Private Equity Subject to Increased Antitrust Scrutiny from DOJ

Transactions involving private equity should expect to face antitrust concerns from the DOJ that go beyond the question of how many competitors will remain afterwards, even if the transactions do not trigger an HSR filing....more

FTC Announces Increased 2022 HSR Thresholds

On January 24, 2022, the Federal Trade Commission (FTC) announced its annual adjustment of the jurisdictional thresholds for pre-merger notification filings under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976 (HSR...more

Jonathan Kanter, Another Big Tech Critic, Nominated to Head Up the Department of Justice’s Antitrust Division

President Biden has finally nominated Jonathan Kanter as the next Assistant Attorney General for the DOJ’s Antitrust Division. The White House called Kanter “a leading advocate and expert in the effort to promote strong and...more

What Are Interlocking Directorates and Section 8?

An Explanation of Why Two Directors Resigned from the Live Nation Board of Directors to Resolve Antitrust Concerns - Every year as part of the update of various regulatory thresholds, including the much more closely...more

Bipartisan Bill to Increase Megamerger HSR Filing Fees Passed Out of Senate Judiciary Committee

Senators Amy Klobuchar (D-MN) and Ted Cruz (R-TX) do not agree on much, but they agree on one thing. The government filing fees on mergers, which have not been updated since 2001, need to be updated and large transactions...more

FTC Decreases Thresholds for HSR Filings for First Time Since 2010, Also Decreases Interlocking Directorates Thresholds and...

On February 1, 2021, the Federal Trade Commission (FTC) announced its annual adjustment of the jurisdictional thresholds for pre-merger notification filings under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976 (HSR...more

Antitrust Leadership Changes With Biden Administration

As expected, on Tuesday, January 19, 2021, Makan Delrahim, the Assistant Attorney General (AAG) for the Antitrust Division of the U.S. Department of Justice (DOJ), stepped down and Joseph Simons, the Chairman of the Federal...more

FTC Invites Public Comments on Proposed Changes to HSR Rules - Update

Updated from the November 9, 2020 Alert - UPDATE: The Notice of Proposed Rulemaking (NPRM) and Advanced Notice of Public Rulemaking (ANPRM) were published on December 1, 2020. Comments on the NPRM and the ANPRM must be...more

FTC Invites Public Comments on Proposed Changes to HSR Rules

Starting this week, the Federal Trade Commission (FTC) will host three public Question and Answer sessions as part of its ongoing HSR Rulemaking initiative. The Q&A sessions will address the sweeping changes to the...more

Department of Justice’s Revised Merger Remedies Manual Reflects Preference for Divestitures

On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division released a revised Merger Remedies Manual. This revised manual is the culmination of a review by the Antitrust Division of its entire approach to...more

FTC Commissioner Rohit Chopra Critical of Private Equity Roll-Ups of Healthcare Providers

On July 8, 2020, Federal Trade Commissioner Rohit Chopra released a statement criticizing the practice of “roll-up transactions” involving multiple non-reportable transactions, especially with regards to acquisitions of...more

DOJ’s Antitrust Division Accused of Opening Investigations Based on Political Influence

On June 24, John Elias, a former Acting Chief of Staff to the United States Assistant Attorney General for the Antitrust Division, testified in front of the U.S. House of Representative’s Judiciary Committee that last year...more

U.S. Antitrust Agencies Adjust Review Processes in Response to COVID-19 Crisis

In response to the COVID-19 pandemic, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have changed two of their review processes. Earlier this week, the FTC and DOJ issued a joint...more

FTC Increases Thresholds for HSR Filings and Interlocking Directorates and Adjusts Civil Penalties

On January 28, 2020, the Federal Trade Commission (FTC) announced its annual increase of the jurisdictional thresholds for pre-merger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR...more

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