As required by the HSR Act, on January 22, 2024, the U.S. Federal Trade Commission (“FTC”) released its annual adjustments to the reporting thresholds and filing fees. The key number to remember is now $119.5 million. ...more
1/24/2024
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
Backing up its recent rhetoric, the FTC has filed suit against a private equity firm based on a “roll-up scheme” in the healthcare space. The FTC filed its complaint in federal district court in Texas, alleging that Welsh,...more
On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more
7/21/2023
/ Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Hiring & Firing ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Rulemaking Process ,
Vertical Mergers
On June 27, 2023, the U.S. Federal Trade Commission (“FTC”) and Antitrust Division of the U.S. Department of Justice (“DOJ”) announced a Notice of Proposed Rulemaking regarding the Hart-Scott-Rodino (“HSR”) Premerger...more
As required by the HSR Act, on January 23, 2023, the U.S. Federal Trade Commission (FTC) released its annual adjustments to the reporting thresholds. The key number to remember is now $111.4 million. Note, this is an increase...more
1/25/2023
/ Antitrust Provisions ,
Consumer Price Index ,
Energy Policy and Conservation Act (EPCA) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
FTC Act ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
On December 29, President Biden signed into law the Consolidated Appropriations Act, 2023 (CAA-23) — a $1.7 trillion omnibus spending package that includes notable changes to current antitrust laws and policies. This...more
AGENCIES APPEAR POISED TO TARGET TECH, LIFE SCIENCES AND PRIVATE EQUITY TRANSACTIONS -
U.S. Federal Trade Commission (“FTC”) Chair Lina Khan and the head of the U.S. Department of Justice (“DOJ”), Antitrust Division,...more
As required by the HSR Act, on January 21, 2022, the U.S. Federal Trade Commission (“FTC”) released its annual adjustments to the reporting thresholds. The key number to remember is now $101 million. Note, this is an increase...more
1/21/2022
/ Antitrust Provisions ,
Civil Monetary Penalty ,
Energy Policy and Conservation Act (EPCA) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
FTC Act ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Reporting Requirements ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more
7/15/2021
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Biosimilars ,
Competition ,
Data Collection ,
Department of Justice (DOJ) ,
Emerging Technology Companies ,
Employee Benefits ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Health Insurance ,
Horizontal Mergers ,
Hospitals ,
Joint Statements ,
Licensing Rules ,
Merger Reviews ,
Mergers ,
Non-Compete Agreements ,
Online Marketplace ,
Pharmaceutical Industry ,
Prescription Drugs ,
Rulemaking Process ,
Surveillance ,
Technology Sector ,
Unfair Competition ,
Vertical Mergers ,
Wage and Hour
The U.S. Supreme Court dealt a blow to the U.S. Federal Trade Commission (“FTC”) in a recent decision that eliminated the agency’s ability to seek monetary remedies in enforcement actions in federal court. This new ruling has...more
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
Visa abandoned its $5.3 billion acquisition of Plaid Inc., a fintech company known for its data aggregation technology, but which was developing a potential rival to Visa’s online debit services. The parties abandoned the...more
A federal court on Tuesday denied the FTC’s request to enjoin the merger of Thomas Jefferson University and the Albert Einstein Healthcare Network, two hospital systems in the Philadelphia area. After a six-day hearing that...more
The Federal Trade Commission and the Antitrust Division of the Department of Justice (the “Agencies”) recently proposed two changes to the Hart-Scott-Rodino (“HSR”) rules that, if implemented, will materially impact private...more
10/1/2020
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Exemptions ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Investment Firms ,
Private Equity ,
Proposed Rules ,
Public Comment ,
Size of Persons Test ,
Size of Transaction Test ,
Venture Capital
As consumers continue to seek essential goods to address the COVID-19 pandemic, U.S. law enforcement agencies have made clear that they will be focused on identifying and challenging instances of price gouging. Indeed, last...more
The U.S. Antitrust Agencies have issued a joint statement reminding companies that the current pandemic does not excuse collusive conduct and that the Agencies are on alert searching for potential violations....more
4/15/2020
/ Anticompetitive Behavior ,
Antitrust Violations ,
Collusion ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
Joint Statements
Agreements amongst property owners or real estate companies that coordinate certain conduct can violate the antitrust laws, even during the pandemic....more
U.S. companies may see opportunities to increase collaborations amongst one another during the current pandemic, but should be aware that they are still subject to the antitrust laws.
Fortunately, Tuesday, March 24th, the...more
In light of the coronavirus pandemic, Friday, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ,” and collectively the “Antitrust Agencies”) announced modified procedures...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
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
The Antitrust Division of the Department of Justice (DOJ) challenged an agreement between two of the largest rail equipment suppliers in the world that prohibited them from competing to hire each other’s employees, often...more