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DOJ and FTC Release Final Rule Expanding HSR Premerger Filing Requirements

The Federal Trade Commission ("FTC") unanimously issued a final rule expanding the requirements of premerger filings under the Hart-Scott-Rodino Antitrust Improvements ("HSR") Act of 1976. The HSR Act requires parties to...more

DOJ/FTC Propose Massive Changes to HSR Premerger Filings: What You Need to Know

The Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ”) have proposed to expand dramatically the scope and burden of preparing a merger filing in the United States. The proposed changes...more

U.S. Merger Notification Threshold Increases to $101 Million

The lowest U.S. merger notification threshold will exceed $100 million for the first time effective February 23, 2022. The Federal Trade Commission ("FTC") announced that the Hart-Scott-Rodino ("HSR") Act filing...more

Antitrust Agencies Suspend Early Termination of HSR Waiting Period

Merging parties in all HSR reportable transactions must observe the full 30-day waiting period before closing a deal. On February 4, 2021, the U.S. antitrust agencies announced that they are temporarily suspending the...more

U.S. Merger Notification Threshold Falls to $92 Million

U.S. merger notification thresholds decline for just the second time; take effect on March 4, 2021. The Federal Trade Commission ("FTC") announced that the Hart-Scott-Rodino ("HSR") Act thresholds will decrease slightly in...more

Global Merger Control Update 2020

Merger control enforcement continues to surge around the world and reaches well beyond the largest and traditionally most active enforcers (e.g., United States, European Commission, China, and Brazil). Beyond these countries,...more

Transaction "Designed" to Evade Merger Control Leads to U.S. and EU Penalties

The Development: Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring a transaction to avoid premerger notification...more

Antitrust Alert: Court Rejects DOJ Antitrust Challenge to AT&T/Time Warner

After eighteen months of investigation and litigation, a federal district court has rejected the Justice Department's challenge to AT&T's $108 billion acquisition of Time Warner Inc. Although the government could appeal, the...more

FTC Warns Parties on Information Exchanges During M&A Due Diligence

The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger...more

All Merger Side Letters Must Be Included in HSR Filings

The Situation: Previously, neither the Federal Trade Commission nor the Department of Justice has provided clear guidance on whether side letters must be submitted with filings associated with the Hart–Scott–Rodino Antitrust...more

Antitrust Alert: Merger Notification Thresholds Increase in 2018

The 2018 adjustments to the Hart-Scott-Rodino ("HSR") Act thresholds take effect February 28, 2018, and will remain in effect through January 2019. The thresholds, which are used to determine when a transaction triggers...more

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