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States Expand Premerger Filings Family by Adopting “Baby-HSR” Laws to Review More Transactions

In a growing trend, states are requiring more premerger filings by enacting “baby-HSR” laws modeled after the federal Hart-Scott-Rodino (HSR) Act. These state-level statutes require parties to certain mergers and acquisitions...more

Expanded HSR Reporting Requirements Now in Effect

As of February 10, 2025, the new Hart-Scott-Rodino (HSR) reporting requirements that expand the volume of documents and information filing parties must submit to the Department of Justice and Federal Trade Commission (FTC)...more

FTC Announces 2025 HSR Thresholds

On January 10, 2025, the Federal Trade Commission (FTC) released the revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2025. The FTC is required by law to revise the HSR Act monetary jurisdictional thresholds...more

Gun-Jumping Violation Results in Record-Breaking Penalties

The Federal Trade Commission (FTC) has imposed a record-breaking $5.6 million fine on XCL Resource Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy LLC (EP) to settle allegations that they engaged in...more

The New HSR Filing Regime: How Parties Can Prepare for Their Next Filing

The Federal Trade Commission (FTC) unanimously passed a landmark rulemaking that significantly alters reporting requirements under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976, as amended. Though less...more

FTC Passes Overhaul of HSR Filing Regime

On October 10, 2024, the Federal Trade Commission (FTC) announced that it unanimously approved a much-anticipated final rulemaking that will radically change the form and substance of Hart-Scott-Rodino (HSR) filings. The new...more

California Governor Gavin Newsom Vetoes Law Requiring Attorney General Approval for Certain Healthcare Investments

Last weekend, California Governor Gavin Newsom vetoed Assembly Bill (AB) 3129, which would have required healthcare investors to notify and obtain written consent from the California Attorney General (AG) before investing in...more

FTC Issues $1 Million Civil Penalty for HSR Act Violation

While companies wait for the new Hart-Scott-Rodino (HSR) Act filing requirements to be finalized, the Federal Trade Commission (FTC) made headlines by filing an enforcement action against and obtaining nearly $1 million in...more

California Passes Law Requiring Attorney General Approval for Certain Healthcare Investments and Emphasizes Requirements for...

Pre-Closing Notice or Consent: If signed by Governor Newsom, Assembly Bill 3129 (AB 3129) will mandate that, starting January 1, 2025, certain healthcare investors provide a 90-day written notice to, or obtain consent from,...more

Back to School: Antitrust Reminders for Due Diligence and Pre-Closing Conduct

Information exchanges and integration planning are a vital component of the due diligence process when companies are considering acquisitions, mergers, joint ventures, or any other business decision involving another party....more

2024 HSR Act Adjusted Filing Thresholds

On January 22, 2024, the Federal Trade Commission (FTC) released the revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2024. The FTC is required by law to revise the HSR Act monetary jurisdictional thresholds...more

Government Shutdown: Implications for Hart-Scott-Rodino Filings

As the September 30, 2023, deadline for U.S. Congress to enact appropriations to fund the federal government approaches, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have issued contingency plans...more

FTC and DOJ Propose Radical Reforms to HSR Filings: Changes Would Impose Considerably Greater Burden on Merging Parties

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly announced a proposed overhaul of the Hart-Scott-Rodino (HSR) Act filing requirements. The proposed changes, detailed in a formal...more

2023 HSR Act Adjusted Filing Thresholds

On January 23, 2023, the Federal Trade Commission (FTC) released the revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2023. The FTC is required by law to revise the HSR Act monetary jurisdictional thresholds...more

Seven Directors Resign from Five Public Company Boards

Last month, we reported that the U. S. Department of Justice (DOJ) had threatened multiple public companies, private equity investors, and individuals with lawsuits for violating the ban on interlocking directorates under...more

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more

FTC Releases Revised HSR Act Jurisdictional Thresholds for 2022

On January 21, 2022, the Federal Trade Commission (FTC) released the revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2022. The FTC is required by law to revise the HSR Act monetary jurisdictional thresholds...more

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