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U.S. DOJ seeks rare $3.5 million “gun jumping” penalty against Legends Hospitality for pre-closing conduct in connection with its...

On August 5, 2024, the United States Department of Justice (“DOJ”) filed a rare[1] gun jumping[2] civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against Legends...more

Antitrust focus on private equity funds and serial acquisitions

Until relatively recently, private equity buyers were viewed as largely benign. Where antitrust regulators expressed concerns with private equity buyers, it was generally in the context of them being viewed as sub-optimal...more

FTC's non-compete rule in limbo following Texas District Court’s preliminary injunction

On July 3, 2024, the United States District Court for the Northern District of Texas (the “Court”) in Ryan LLC v. Federal Trade Commission (“Ryan”) preliminarily enjoined the U.S. Federal Trade Commission (“FTC”) from...more

FTC announces increase in HSR filing thresholds and increase to HSR premerger filing fees

The FTC revises the jurisdictional and filing fee thresholds annually based on the change in gross national product. The FTC also revises filing fees annually based on changes to the consumer price index under Division GG of...more

Overview of the Hart-Scott-Rodino Annual Report for Fiscal Year 2022

The Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) recently issued the Hart-Scott-Rodino Annual Report for Fiscal Year 2022 (the Report). Covering the...more

New York state non-competes ban vetoed by governor

On December 22, 2023, the governor of New York State vetoed a state bill that sought to ban non-compete agreements for employees and other service providers. The bill was passed by the New York State Legislature on June...more

U.S. Government Shutdown: Implications for Antitrust and CFIUS Filings

The U.S. federal government is facing a possible shutdown beginning this Sunday, October 1, 2023. Congress has until September 30, which marks the end of the fiscal year, to enact appropriations for government agencies and...more

FTC sues PE fund and its portfolio company, signaling continued and growing focus on PE funds and roll-up acquisitions

On September 21, 2023, the Federal Trade Commission (FTC) filed a groundbreaking complaint in federal court against PE fund Welsh Carson and its portfolio company, U.S. Anesthesia Partners (USAP), making good on its promise...more

U.S. Federal Trade Commission Proposes Ban on Employee Non-Compete Agreements

The proposed rule would prohibit employers nationwide from restricting an employee from working at another company post-employment. As drafted, the rule would have retroactive effect and require employers to rescind any...more

U.S. Antitrust Changes Signed Into Law

The Consolidated Appropriations Act of 2023 includes significant changes affecting large M&A transactions and deals involving certain foreign entities. The Act would also give state attorneys general additional control over...more

FTC targets unfair methods of competition in policy statement

Policy change expands the Agency’s oversight under Section 5 of the FTC Act and abandons the application of the “Rule of Reason.”...more

HSR filing thresholds increase – size-of-transaction threshold to be USD101.0 million

The Federal Trade Commission (FTC) has announced increases to the notification thresholds under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act, which requires pre-merger notification of certain transactions to the FTC...more

Overview of the Hart-Scott-Rodino Annual Report for Fiscal Year 2020

Pandemic-induced lull in M&A activity drove down the number of reportable transactions by 21.6% in FY2020, though preliminary monthly figures for FY2021 have quickly climbed and surpassed pre-pandemic levels. ...more

President Biden directs U.S. Federal Trade Commission to investigate oil and gas markets

On Wednesday, in a letter to U.S. Federal Trade Commission (FTC) Chair Lina Khan, U.S. President Joe Biden urged the FTC to investigate potential anticompetitive conduct in the oil and gas industry....more

Progressive antitrust agenda gains momentum under Biden administration

Throughout his campaign and since taking office, President Biden promised to increase and expand antitrust enforcement. After months of speculation about what form this promise would take, the direction of antitrust agenda,...more

Recent FTC Chair Appointment and Legislative Developments Signal Increased Antitrust Enforcement in the U.S.

The appointment of Lina Khan as Chairperson of the Federal Trade Commission is the latest in a series of developments – including investigations, legislative proposals for overhauls large and small, and reinvigorated...more

Hart-Scott-Rodino filing thresholds decrease for the first time in over a decade in the U.S.

HSR filing thresholds decrease for the first time in over a decade – size-of-transaction threshold to be USD92.0 million - For the first time since 2010, the Federal Trade Commission (FTC) has announced decreases to the...more

FTC announces increased HSR thresholds – size-of-transaction threshold to be USD94.0 million

The Federal Trade Commission (FTC) has announced increases to the notification thresholds under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act, which requires pre-merger notification of certain transactions to the FTC...more

Overview of the Hart-Scott-Rodino Annual Report for Fiscal Year 2017

The U.S. Federal Trade Commission ("FTC") and the U.S. Department of Justice’s Antitrust Division ("DOJ") recently issued their Hart-Scott-Rodino Annual Report for Fiscal Year 2017 (the "Report"). The key takeaways from the...more

FTC and DOJ Issue FY 2016 Hart-Scott-Rodino Annual Report

The U.S. Federal Trade Commission (“FTC”) and the U.S. Department of Justice’s Antitrust Division (“DOJ”) recently issued their Hart-Scott-Rodino Annual Report for Fiscal Year 2016 (the “Report”). The key takeaways from the...more

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