Starting today, February 10, 2025, all merger filings will be subject to new Hart-Scott-Rodino (HSR) rules. The new HSR rules will fundamentally alter the premerger notification process, and substantially increase the...more
On January 10, 2025, the Federal Trade Commission (FTC) released increased jurisdictional thresholds, filing fee thresholds, and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino Antitrust...more
1/14/2025
/ Antitrust Provisions ,
Collaboration ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Joint Venture ,
Merger Controls ,
Mergers ,
Premerger Notifications ,
Threshold Requirements
On December 12, 2024, following a nearly two-year-long investigation, the Federal Trade Commission (FTC) initiated its first litigation under the Robinson-Patman Act (RPA) in more than two decades. The FTC sued Southern...more
The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more
4/15/2024
/ American Bar Association (ABA) ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement ,
FDIC ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
No-Poaching ,
Non-Compete Agreements ,
Robinson-Patman Act ,
Settlement ,
Sherman Act ,
The Clayton Act
A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more
1/10/2024
/ Antitrust Division ,
Antitrust Violations ,
Appeals ,
Bid Rigging ,
Bids ,
Collaboration ,
Commercial Litigation ,
Competition ,
Convictions ,
Department of Transportation (DOT) ,
Per Se Rule ,
Price-Fixing ,
Rule-of-Reason Analysis ,
Sherman Act
On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more
UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY -
A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more
9/21/2022
/ Acquisitions ,
Advertising ,
Anti-Competitive ,
Competition ,
Department of Justice (DOJ) ,
Dot Com Disclosure Guide ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
French Competition Authority ,
Gun-Jumping ,
Marketing ,
Mergers ,
Price-Fixing
US antitrust enforcers have signaled that private equity firms are the prime targets for upcoming aggressive antitrust merger enforcement. In a recent interview, US Assistant Attorney General Jonathan Kanter stated that the...more
In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives...more
3/15/2022
/ Antitrust Division ,
Bid Rigging ,
Competition ,
Corporate Counsel ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Joe Biden ,
Mergers ,
Monopolization ,
Procurement Collusion Strike Force ,
Sherman Act ,
The Clayton Act
Last week, the US Treasury Department (Treasury) released a report that outlined a series of reforms aimed at boosting competition in the combined $250 billion US beer, wine and spirits markets in response to US President Joe...more
2/17/2022
/ Acquisitions ,
Beer ,
Breweries ,
Category Management ,
Competition ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Distilleries ,
Enforcement ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Regulatory Oversight ,
TTB ,
Tying ,
U.S. Treasury ,
Webinars ,
Wine & Alcohol ,
Wineries
On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive...more
2/16/2022
/ Alcohol Beverage Control ,
Beer ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Merger Reviews ,
Mergers ,
New Regulations ,
TTB ,
U.S. Treasury ,
Wine & Alcohol
The US Federal Trade Commission (FTC) recently extracted a $3.5 million civil penalty from two companies involved in a gas station merger. The FTC asserts the companies violated their settlement agreement with the government,...more
For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical Merger Guidelines to explain...more
1/15/2020
/ Anti-Competitive ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Information Sharing ,
Merger Controls ,
Mergers ,
Public Comment ,
Supply Chain ,
Vertical Mergers
What Happened:
• On May 7, 2019, Governor Jay Inslee of Washington State signed House Bill 1607 into law. The law goes into effect for transactions closing after January 1, 2020, and requires advance notice to the...more
7/8/2019
/ Acquisitions ,
Competition ,
Governor Inslee ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Reporting Requirements ,
State Attorneys General
WHAT HAPPENED:
..Rolls-Royce and SENER have a 47 percent/53 percent joint-venture in Industrial de Turbo Propulsores (ITP)–an aircraft engine components manufacturer....more
Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a...more