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Federal Trade Commission Announces Higher 2022 HSR Thresholds

The Federal Trade Commission has announced new, nearly 10 percent higher premerger notification thresholds that will take effect February 23, 2022, and thus apply to transactions closing on or after that date. The new minimum...more

Federal Trade Commission Announces Slightly Lower 2021 HSR Thresholds

The Federal Trade Commission has announced new, slightly lower premerger notification thresholds that will take effect March 4, 2021, and thus apply to transactions closing on or after that date. The new minimum...more

Agreeing With A Competitor To Fix Employee Wages Will Get You Indicted. Agreeing Not To Solicit Each Other’s Employees Might Also.

Within the past month, the Department of Justice Antitrust Division (the Division), in two separate matters, indicted a former owner of a health care staffing company for participating in a conspiracy to fix prices by...more

When Opportunity Knocks, Open The Door! Why Your Competitor's Deal May Be Your Next Opportunity

In the final weeks of 2020, opportunity knocked for Sazerac Company, Inc (Sazerac), Precept Brands LLC (Precept), and Vie-Del Company (Vie-Del) and each opened the door. After a 20-month investigation that found E. & J....more

Sometimes Confession Is Good For The Soul, But Only If You’re The First To Confess!

No matter how novel a scheme about “coordinating” with competitors to instill “discipline” in the market may seem, odds are that the antitrust enforcers have seen it before and eventually will prosecute it. Take the recent...more

DOJ Issues New Guidance On Its Use Of Arbitration

Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to Division attorneys and the public on the use of arbitration in civil...more

Hey Fintech: With The Antitrust Division Watching, Protect Yourself!

If you caught our last two client alerts–Hey Fintech, the Antitrust Division Is Watching You! and Hey Fintech: Watch What You Say, and Be Mindful of What Others Say on Your Behalf–then you know that the Antitrust Division has...more

Hey Fintech: Watch What You Say, And Be Mindful Of What Others Say On Your Behalf

What You Need To Know: •No matter what industry you are in, what others say on your behalf can be ripe targets for antitrust enforcers. •Consultants and bankers create “sales materials” with the same mindset as real...more

Hey Fintech, The Antitrust Division Is Watching You!

What You Need To Know: •The Antitrust Division is training its sights on fintech deals in which incumbents buy up “nascent competitors.” •If you’re on the buy-side considering a “nascent competitor” transaction, early...more

FTC Proposes New HSR Rules Exempting Certain Under-10% Investments And Aggregating Within Fund Families

The Federal Trade Commission, by a 3-2 vote along party lines, has proposed for public comment two major changes to its Hart-Scott-Rodino (HSR) Act premerger notification rules. These changes would exempt from HSR filing some...more

FRAND And Efficient Infringement

For more than a decade, public policymakers, competition agencies, courts, and government authorities around the world have been developing an increasingly detailed set of rules governing and defining fair, reasonable, and...more

Should FRAND Excuse “Efficient Infringement”?

After more than a decade of public policy makers, competition agencies, courts, and government authorities around the world developing an increasingly detailed set of rules governing and defining fair, reasonable, and...more

Antitrust Does Not Shelter in Place During a Pandemic, Part 2: Don’t Claim the Failing Firm Defense Unless You’re Really Failing...

The Federal Trade Commission (FTC) has reminded us that the “failing firm defense” is much harder to pull off than might be imagined, and that the antitrust agencies will closely analyze all “failing company” claims even...more

Before You Cut Your Employees’ Wages–Antitrust for Employers in the Age of COVID-19

As employers struggle with the poor economic conditions associated with the COVID-19 crisis, many are considering pay cuts. Naturally, in making this decision, many companies will consider what their peers are doing in order...more

Examining Antitrust Guidance On Cooperation In Fighting COVID-19

The novel coronavirus pandemic has upended our lives, creating a far-from-normal “new normal.” And it has also given rise to countless collaborations between and among universities, hospitals, medical centers, pharma...more

The Certainty of Antitrust Review in Uncertain Times

The Federal Trade Commission (FTC) Bureau of Competition issued a reminder yesterday, April 6, that it “must continue to analyze carefully the potential effects of proposed transactions and business conduct” and that it “will...more

U.S. and European Antitrust Authorities Provide Updated Guidance on Joint Activity During COVID-19

On March 24, the U.S. Department of Justice Antitrust Division (the Antitrust Division) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued a joint statement detailing a new expedited process for review...more

How US Trustees Can Deter Chapter 11 Proxy Abuses

Some problems in the Chapter 11 bankruptcy process — namely, how unsecured creditors committees and their professional advisers are being selected — have emerged in recent years. Moreover, they are only getting worse. The...more

Antitrust Does Not Shelter in Place During a Pandemic

Our realities have been upended by COVID-19, creating a new world that is likely to continue for a long time. This “new normal” is already stress testing businesses of all types. When we face this kind of external threat, our...more

No, Patent Pools Should Not Test For Validity

As a legal matter, analyses of patents pools by antitrust authorities begin with the proposition that they include only valid patents; antitrust analysis, and patent law, do not countenance the request for royalties, or the...more

COVID-19: The Reaction of U.S. Antitrust Agencies

COVID-19 has impacted nearly every aspect of American life right now, and there are myriad legal issues companies are facing from the pandemic’s fallout. These include antitrust considerations, ranging from potentially...more

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