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FTC Announces 2024 Thresholds Under HSR Act

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more

Biden Administration Files Two New Lawsuits Aimed at Exclusionary Conduct and Information Exchanges

This week’s filings by the Federal Trade Commission (“FTC”) against Amazon.com, Inc. (“Amazon”) and the Department of Justice Antitrust Division (“DOJ”) against Agri Stats, Inc. (“Agri Stats”) exemplify the agencies’ broad...more

Government Shutdown’s Impact on Antitrust Merger Review

With one day for Congress to enact appropriations funding federal government operations, the Federal Trade Commission and Department of Justice, Antitrust Division (the “Agencies”) each issued a contingency plan (the “Plans”)...more

U.S. antitrust agencies propose major changes to pre-merger review process

On June 27, 2023 the Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, (together, the “Agencies”) announced proposed amendments to the premerger notification rules that...more

Stay above board: new thresholds applicable to Clayton Act prohibition on interlocking directorates

The Federal Trade Commission recently announced revised thresholds (“2023 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national...more

Continuing Trend: HSR Notifications Significantly Down in October 2022

The Federal Trade Commission (FTC) recently reported that parties filed U.S. pre-merger notifications for only 181 transactions in October 2022, an almost 60% drop year over year from October 2021’s 443 number, and a marked...more

Picking the Locks: Recent DOJ Enforcement of Clayton Act’s Prohibitions on Interlocking Directorates

The business community was put on notice last week after the Department of Justice (DOJ) announced the resignations of seven directors from five corporate boards following what DOJ called the “first in a broader review of...more

With its Latest Antitrust Nomination, Biden Administration Doubles-Down on its Big Tech Enforcement Focus

After leaving the position vacant for six long months, the Biden Administration announced that it would nominate Jonathan Kanter for the position of Assistant Attorney General for the Antitrust Division at the Department of...more

Elevating Antitrust Issues: President Biden’s New Executive Order

During an already busy year for antitrust legislative and regulatory proposals, on July 9, 2021, President Biden issued Executive Order 14036: “Promoting Competition in the American Economy.” The Executive Order (“EO”)...more

New Antitrust Bills Highlight Continued Big Tech Scrutiny

2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more

U.S. Antitrust Agencies Suspend Early Termination of Merger Review Waiting Periods

Today, the U.S. antitrust agencies announced a temporary suspension of the long-time practice of granting “early termination” of required premerger waiting periods under the Hart-Scott-Rodino Antitrust Improvements Act (the...more

U.S. Antitrust Agencies Seek To Provide Expedited Responses To Competitor Collaboration Business Evaluation Requests

Competitors, especially healthcare providers, are actively seeking ways to engage in collaborative efforts to help address the COVID-19 outbreak. Appreciating the challenge, necessity, and time pressures of such competitor...more

CFIUS and FTC/DOJ Review of Transactions During the Government Shutdown

Parties to transactions requiring review by the Committee on Foreign Investment in the United States (“CFIUS”) and/or the United States Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”)...more

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