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FTC Revises Hart-Scott-Rodino Thresholds for 2023

On January 23, 2023, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

“Close at Your Own Peril” Letters

According to Commissioner Phillips, the FTC has sent out over 50 “close at your own peril” letters. These are letters to parties who have reported reportable transactions under the Hart-Scott-Rodino Antitrust Improvements Act...more

FTC Revises Hart-Scott-Rodino Thresholds for 2022

On January 24, 2022, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

Commissioner Christine Wilson Excoriates The FTC Chair’s Agenda in ABA Fall Forum Speech   

Last week. FTC Commissioner Christine Wilson delivered a speech with a title that made clear she intended to speak her mind: The Neo-Brandeisian Revolution: Unforced Errors and the Dimunition of the FTC....more

Merger Enforcement in the Biden Administration

The FTC has issued several statements recently that have confused the market and bar as to what its merger enforcement posture will be. Among others, the FTC has suspended early terminations; has sent letters to parties after...more

Second Circuit Reverses the Commission and Orders Dismissal on 1-800-Contacts

The Decision 1-800-Contacts is one of the largest sellers of contacts online. One of the principal ways consumers shop for contacts is through key word searches. In the past, certain 1-800-Contacts competitors purchased...more

FTC, DOJ Suspending Early Terminations Pending Review of Standards

The FTC and DOJ announced today that they would be suspending the “discretionary” early termination process because of the “transition to a new administration” and the “unprecedented volume” of HSR filings for the start of a...more

FTC Revises Hart-Scott-Rodino Thresholds for 2021

On February 2, 2021, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

FTC Files First BOTS Act Cases

On Friday, January 22, 2021, the Federal Trade Commission settled charges with three ticket brokers for violating the Better Online Ticket Sales (BOTS) Act, which was passed in 2015. These are the first case brought under...more

The Justice Department and FTC Announce Expedited Antitrust Review for Coronavirus Public Health Efforts

On March 24, 2020, the Antitrust Division of the Justice Department and the Bureau of Competition of the Federal Trade Commission announced that they are adopting expedited processes for reviewing potential collaborations or...more

HSR Early Termination Procedures Suspending During Pandemic

Please be advised that the FTC and DOJ are suspending hard copy HSR filings effective today, and will be implementing an FTP site for electronic-only HSR filings shortly. No filings at all will be accepted today. The FTC...more

FTC Revises Hart-Scott-Rodino Thresholds for 2020

On January 28, 2020, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

FTC and DOJ Release Draft Vertical Merger Guidelines

On January 10, the Federal Trade Commission and Department of Justice released a draft of their long-anticipated vertical merger guidelines and withdrew their 1984 Vertical Merger Guidelines. Vertical mergers received a...more

Investigating Big Tech!

Elizabeth Warren is calling for aggressive enforcement of the antitrust laws. The House Judiciary is opening hearings on big tech, and the Justice Department and FTC have allocated amongst themselves responsibility for...more

Elizabeth Warren Wants to Break Up Big Data – Could She Do It?

Presidential Candidate Elizabeth Warren thinks Big Tech is too big and wants it—and, in particular, Amazon, Facebook and Google—broken up and their past mergers and acquisitions unwound. And the FTC recently announced it was...more

Tronox v. FTC: Ingenious or an Exercise in Futility?

In what may be the first case ever, a party to an FTC administrative merger challenge has filed suit in U.S. District Court asking the court to halt the administrative proceeding and order the FTC to pursue a preliminary...more

FTC Revises Hart-Scott-Rodino Thresholds for 2018

On January 26, 2018, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

Trump To Nominate Competition-Focused Simons for FTC Chair, CP-Focused Chopra for Commissioner; Reports of Philips for Additional...

After months of speculation among the consumer protection and antitrust bars, Trump announced today his intention to nominate former Director of the Bureau of Competition and current Paul Weiss partner Joseph Simons as...more

QVC/HSN :: A Deal You Probably Weren’t Thinking About

On July 6, 2017, QVC announced its intent to acquire the remaining 62 percent of Home Shopping Network it doesn’t already own. More so than DraftKings or Walgreens, this transaction will demonstrate whether Trump’s election...more

Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society

Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would...more

FTC Revises Hart-Scott-Rodino Thresholds for 2016

On January 19, 2017, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification...more

Better Online Ticket Sales Act of 2016

On December 14, 2016, President Obama signed into law the Better Online Ticket Sales Act of 2016. The BOTS Act prohibits circumventing a website’s security measures to acquire event tickets. It also restricts the reselling...more

HSR: Newly Expanded 4(c) and 4(d) Requirements

The Premerger Notification Office of the Federal Trade Commission announced on November 28, 2016, that they were revoking previous informal advice regarding the scope of Items 4(c) and 4(d) of the HSR Form. In the past, the...more

Fortiline LLC: Invitations to Collude in Dual Distribution Systems

Fortiline LLC distributes ductile iron pipe. It competes with the manufacturer which somewhat regularly undercuts its distributor in the market. Fortiline on several occasions asked the manufacturer not to do so. Fortiline...more

Causality and Diluting Trademarks Through Online Searches: What the FTC Missed in 1800Contacts

The FTC sued 1800Contacts for entering into a series of agreements with competitors that limited the competitors’ ability to bid on certain trademarked terms as search terms in online search term auctions. Search engines...more

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