On September 3, 2020, the Department of Justice Antitrust Division (DOJ) updated its 2004 Merger Remedies Manual (see here). The updated Manual clarifies important aspects of the DOJ’s merger remedy practice about which there...more
The first half of 2020 was a busy time for antitrust in the United States. The Department of Justice (DOJ) and the Federal Trade Commission (FTC) implemented expedited procedures for reviewing collaborations during the...more
8/27/2020
/ Antitrust Investigations ,
Antitrust Provisions ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Pharmaceutical Industry ,
Popular ,
Technology Sector ,
Vertical Mergers
On January 28, 2020, the Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Parties to transactions that close on or after February 27, 2020 are subject...more
2/6/2020
/ Acquisitions ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Since the beginning of the Trump Administration, the Antitrust Division of the Department of Justice (DOJ) has captured headlines for its aggressive public stance regarding merger enforcement. Actions attracting attention...more
10/8/2018
/ Antitrust Division ,
Antitrust Investigations ,
AT&T ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Merger Agreements ,
Merger Controls ,
Mergers ,
Trump Administration ,
Vertical Mergers
A month ago, we covered recent European competition law developments on pre-merger information sharing and “gun jumping” among merging parties. In a timely reminder that the same questions also are relevant in the United...more
The Senate Commerce Committee held a hearing on Wednesday on the nominees to serve on the Federal Trade Commission (FTC). The nominees are Joseph Simons (Chairman Designate), Christine Wilson, Noah Phillips and Rohit Chopra....more
The Federal Trade Commission ("FTC") announced revised thresholds for merger notifications under the Hart-Scott-Rodino ("HSR") Act. Once effective, the lowest size-of-transaction filing threshold (also known as the "$50...more
Earlier this week, the Antitrust Division of the Department of Justice (DOJ) filed a lawsuit seeking to unwind Parker-Hannifin's $4.3 billion consummated acquisition of Clarcor. This is a notable challenge for two reasons. ...more
More than 21 years ago, the US antitrust agencies issued guidance to the business community on two critical topics of antitrust enforcement: (1) the licensing of intellectual property rights and (2) international enforcement...more
Two recent enforcement actions are reminders that there are antitrust risks to be addressed after the deal is signed and even after it has closed. In the United States, the Federal Trade Commission (FTC) challenged Valeant...more
Last month, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued their Antitrust Guidance for Human Resource Professionals. The HR Guidance reflects the agencies' enhanced scrutiny in a realm that may not...more
On October 14, the US Department of Justice's Antitrust Division announced that Ralph Groen, a former information technology executive of the bus operator Coach USA Inc., had pleaded guilty to criminally obstructing justice...more
Civil fines across federal agencies have recently been increased dramatically under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Sec. 701 of Public Law 114-74), with some more than...more
7/14/2016
/ Civil Monetary Penalty ,
Congressional Budget Office ,
Department of Justice (DOJ) ,
Exemptions ,
FDIC ,
Federal Aviation Administration (FAA) ,
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ,
Federal Trade Commission (FTC) ,
FinCEN ,
Hart-Scott-Rodino Act ,
Interim Rule ,
Internal Revenue Code (IRC) ,
Notice and Comment ,
OMB ,
OSHA ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Tariff Act of 1930 ,
U.S. Treasury