As required by the HSR Act, on February 1, 2021, the U.S. Federal Trade Commission (“FTC”) released its annual adjustments to the reporting thresholds. The key number to remember is now $92 million. Note, this is a decrease...more
2/2/2021
/ Antitrust Division ,
Civil Monetary Penalty ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Agreements amongst property owners or real estate companies that coordinate certain conduct can violate the antitrust laws, even during the pandemic....more
As required by the HSR Act, on January 28, 2020, the FTC released its annual adjustments to the reporting thresholds. The key number to remember is now $94 million. Generally, transactions valued at $94 million or more must...more
The Federal Trade Commission and the Antitrust Division of the Department of Justice are making clear that noncompete agreements embedded in any kind of transaction under their review will be closely scrutinized. Close...more
Enforcement activity by the Department of Justice (DOJ) and the Federal Trade Commission (FTC) makes clear that enforcement of Section 8 of the Clayton Act, the prohibition against interlocks between competitors, is alive and...more
On February 26, 2019, the Federal Trade Commission’s (FTC) Bureau of Competition announced the launch of a new “Technology Task Force.” The Task Force will monitor competition in U.S. tech markets, investigate any potential...more
As required by the HSR Act, on February 15, 2019, the FTC released its annual adjustments to the reporting thresholds. The key number to remember is now $90 million. Generally, transactions valued at $90 million or more must...more
In the last several months the United States’ federal antitrust enforcement authorities, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ), have challenged and sought to unwind...more
The Federal Trade Commission recently challenged Red Ventures’ proposed $1.4 billion acquisition of Bankrate, alleging it would lessen competition in the market for third-party paid referral services for senior living...more
As required by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), on January 19, 2017, the Federal Trade Commission (FTC) released its annual adjustments to the reporting thresholds. The key number to...more
Recent enforcement activity by the Department of Justice (that required restructuring a live transaction) and the Federal Trade Commission makes clear that enforcement of Section 8 of the Clayton Act, the prohibition against...more
8/19/2016
/ Antitrust Violations ,
Banks ,
Board of Directors ,
Competition ,
Corporate Officers ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Exemptions ,
Federal Trade Commission (FTC) ,
Interlocking Directorate ,
Strict Liability ,
The Clayton Act ,
Treble Damages
After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more
There are three U.S. antitrust laws that regulate the diligence process, transition planning, and overall conduct between parties during deal negotiations and due diligence prior to closing: Section 7A of the Clayton Act...more
Recent federal antitrust enforcement activity demonstrates that companies that invite or merely suggest collusive agreements to competitors can be found liable. As the federal antitrust authorities continue their path to...more
Each year, the Federal Trade Commission (“FTC”) adjusts the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) based on changes in gross national product. On January 21, 2016,...more
Generally speaking, stock purchases which will cause an investor to hold more than $76.3 million of the target’s voting securities may require a pre-closing notification under the Hart-Scott-Rodino (“H-S-R”) Act. But there...more
8/28/2015
/ Acquisitions ,
Board of Directors ,
Exemptions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investment Funds ,
Minority Shareholders ,
Notice Requirements ,
Passive Activity ,
Shareholder Activism ,
Stock Purchase Agreement ,
Target Company ,
Voting Securities ,
Yahoo!
The talk of the financial press and venture community during the first half of 2015 has been of private IPOs and unicorns. And for good reason. According to CB Insights, there are more than 588 investor-backed tech companies...more
Background – the HSR Act:
Under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), acquisitions of voting securities, assets and other commercial interests which exceed certain monetary thresholds...more