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Increasing Antitrust and Potentially Other Scrutiny for Defense M&A Deals

Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the...more

FTC Announces 2024 Increase in HSR Notification Thresholds and Filing Fees

The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds and HSR filing fees, which will become effective on March 6, 2024. The revised...more

DOJ and FTC Finalize New Merger Guidelines

On December 18, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued the final version of new merger review guidelines (Merger Guidelines), five months after the agencies published a draft for...more

FTC Acts to Remedy Interlocking Director and Information Exchange Concerns in Oil & Gas Transaction

On August 16, 2023, the Federal Trade Commission took action to resolve its antitrust concerns associated with a proposed transaction between EQT Corporation (EQT) and private equity firm QEP Partners, LP (Quantum) pursuant...more

What Once Was Old Is New Again: DOJ and FTC Issue Draft New Merger Guidelines

On July 19, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued a draft version of new Merger Guidelines (Merger Guidelines), which would replace the 2010 Horizontal Merger Guidelines and the...more

FTC Proposes Sweeping Changes to US Merger Filing Requirements

On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more

FTC Announces 2023 Increase in HSR Notification Thresholds and Effective Date for Increased Filing Fees

The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on Monday, February 27, 2023. The revised thresholds...more

FTC Pursues Crackdown on Employee Noncompetes

Earlier this month, the Federal Trade Commission (FTC) launched unprecedented challenges to noncompete provisions in employment contracts through both rulemaking and individual enforcement actions. Proposed Rule to Ban...more

Congress Enacts Major Overhaul to HSR Filing Fees for M&A Deals

On December 29, 2022, President Biden signed into law The Consolidated Appropriations Act of 2023 (also known as The Omnibus Appropriations Bill), which includes the Merger Filing Fee Modernization Act. The Merger Filing Fee...more

HSR Notification Thresholds Increase for 2022

The Federal Trade Commission (“FTC”) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) thresholds, which will become effective on February 23, 2022. The revised thresholds...more

President Signs Executive Order Directing Federal Agencies to Promote Competition and Increase Antitrust Enforcement

On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy,” which broadly targets anticompetitive practices and corporate consolidation across many sectors of the U.S....more

Khan Confirmation to FTC Foreshadows More Aggressive Antitrust Agenda

Earlier this week, Columbia Law School professor Lina Khan was confirmed by the U.S. Senate to fill the 5th seat on the Federal Trade Commission, giving Democrats a 3-2 majority on the competition and consumer protection...more

Stalemate at FTC Leads to Contested Merger Closing

On May 14, 2021, despite not having obtained official approval from federal antitrust authorities, 7-Eleven Inc., the largest convenience-store chain in the U.S., took the highly unusual step of closing its $21 billion...more

HSR Notification Thresholds Decrease Slightly for 2021

The Federal Trade Commission (“FTC”) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) thresholds, which will become effective on March 4, 2021. Pursuant to Section 7A(a)(2)...more

DOJ Issues New Merger Remedies Manual, Emphasizes Structural Remedy Preference

On September 3, 2020, the U.S. Department of Justice Antitrust Division released a revised Merger Remedies Manual (“Manual”), providing a modernized framework to structure and implement remedies in merger cases where DOJ...more

Antitrust Agencies Issue Final New Guidelines for Vertical Mergers

On June 30, 2020, the Department of Justice and a split Federal Trade Commission released the final version of their new Vertical Merger Guidelines, which outline how the federal antitrust agencies evaluate the competitive...more

DOJ Wins Groundbreaking Arbitration to Resolve Merger Challenge

The U.S. Department of Justice Antitrust Division (DOJ) has prevailed in a first-of-its-kind arbitration, resolving its challenge to aluminum producer Novelis Inc.’s $2.6 billion proposed acquisition of rival Aleris...more

FTC to Investigate Big Tech's Past Deals and Consider Broadening Merger Notification Requirements

In an unprecedented move further expanding its ongoing investigation of large technology companies, the Federal Trade Commission (FTC) has ordered Amazon.com, Apple, Facebook, Microsoft and Google to provide details about...more

HSR Notification Thresholds Increase for 2020

The Federal Trade Commission (“FTC”) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) thresholds, which will become effective on February 27, 2020. The revised thresholds will...more

DOJ and FTC Propose Highly Anticipated Vertical Merger Guidelines

On January 10, 2020, the U.S. Department of Justice and the Federal Trade Commission released draft Vertical Merger Guidelines for public comment. The new guidelines, which will replace the outdated 1984 Non-Horizontal Merger...more

DOJ Changes Criminal Policy to Recognize Antitrust Compliance Programs

In a major policy shift, the Antitrust Division of the Department of Justice recently announced that it will now credit companies for effective corporate antitrust compliance programs in making charging decisions and penalty...more

Oil & Gas Software Acquisition Challenged by Canadian Competition Regulator

Canada’s Competition Bureau (CCB) recently filed a challenge with the Canadian Competition Tribunal to unwind a U.S. private equity firm’s May 2019 acquisition of a company that offers reserves valuation and reporting...more

Appellate Court Affirms Decision to Block Medical Merger

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a district court’s issuance of a preliminary injunction to block the proposed merger of two North Dakota healthcare providers, Sanford Health/Sanford Bismarck...more

D.C. Circuit Upholds Vertical Merger of AT&T and Time Warner

On February 26, 2019, the U.S. Court of Appeals for the D.C. Circuit unanimously affirmed a district court decision rejecting the U.S. Department of Justice’s challenge to AT&T’s $85 billion merger with Time Warner, cementing...more

New HSR Notification Thresholds for 2019

The Federal Trade Commission ("FTC") has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act ("HSR Act") thresholds, which will become effective on April 3, 2019. The revised thresholds will...more

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