The Federal Trade Commission (FTC) recently submitted comments in opposition to a renewed application for a certificate of public advantage (COPA) that would, if granted, allow two hospitals in Indiana to merge despite...more
Each year, the minimum jurisdictional thresholds associated with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) are adjusted by the Federal Trade Commission (FTC). The 2025 adjustments went into effect on...more
The new Hart-Scott-Rodino (HSR) Premerger Notification and Report Form (the “Form”) went into effect on February 10, 2025....more
On December 10, 2024, U.S. President-elect Donald Trump announced he would appoint current Commissioner Andrew Ferguson to lead the Federal Trade Commission (FTC) and nominate Mark Meador to fill the seat of outgoing Chair...more
At an Open Commission Meeting on November 14, 2024, Federal Trade Commission (FTC) staff gave a presentation on the FTC’s new online merger portal, which provides a way for members of the public to comment on proposed...more
On October 31, 2024, the U.S. House Committee on Oversight and Accountability (“Committee”) released its staff report (“Report”) entitled “The Federal Trade Commission Under Chair Lina Khan: Undue Biden-Harris White House...more
After nearly two years of combined efforts from the Federal Trade Commission and the Antitrust Division of the Department of Justice, the agencies jointly issued much-anticipated merger guidelines identifying the procedures...more
Parties to transactions that are reportable under the Hart-Scott-Rodino Antitrust Improvements (HSR) Act must observe a mandatory pre-close waiting period—30 days for most transactions—after reporting the transaction to the...more
On December 18, 2023, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued a significantly revised version of the Merger Guidelines that describes the frameworks the enforcement agencies...more
The public comment period for the 2023 draft updates to the Merger Guidelines (“Draft Guidelines”) issued by the Federal Trade Commission and U.S. Department of Justice has closed, and it is possible to review the 1,600...more
Federal Trade Commission (FTC) Chairwoman Lina Khan defended the agency’s merger enforcement record while responding to an inquiry from a member of Congress in a November 3, 2023, letter....more
From wholesale revisions of the merger guidelines to significant amendments to the Hart-Scott-Rodino premerger notification forms, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed...more
In late September, the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) announced a Memorandum of Understanding (MOU). In the MOU, the two agencies expressed their “good-faith intentions” to work together...more
Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), recently delivered remarks at the annual Fordham Competition Law Institute’s International Antitrust Law and...more
The leadership of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice uniformly describe the mandate of their respective agencies as one of antitrust “enforcement” and not “regulation.”...more
On July 14, 2023, signaling a continuing shift in its position on antitrust issues, the Federal Trade Commission (FTC) followed the U.S. Department of Justice (DOJ) and withdrew the Statements of Antitrust Enforcement Policy...more
In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements (collectively, the “Statements”) that have served for...more