When President Biden appointed Lina Khan to lead the Federal Trade Commission, and Jonathan Kanter to lead the Antitrust Division of the Department of Justice, he staked out an energetic new approach to antitrust enforcement...more
1/20/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Regulatory Agenda ,
Trump Administration
On January 10, 2025, the Federal Trade Commission announced 2025 annual statutory adjustments to the Hart-Scott-Rodino Act thresholds. These thresholds determine which mergers and acquisitions must be reported to United...more
1/15/2025
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Compliance ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Final Rules ,
Hart-Scott-Rodino Act ,
Jurisdictional Thresholds ,
Mergers ,
Pending Litigation ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The Federal Trade Commission (FTC), with the concurrence of the Department of Justice, has unanimously adopted sweeping changes to the Hart-Scott-Rodino Act (HSR) rules. ...more
10/15/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
NPRM ,
Operative Documents ,
Popular ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Proposed Rules ,
Required Documentation ,
Statutory Authority ,
Subsidiaries ,
Threshold Requirements
Last summer, on June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice (DOJ), unveiled proposed new rules governing implementation of the Hart-Scott-Rodino Act’s (HSR) premerger...more
Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”...more
The Federal Trade Commission (FTC) announced 2024 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions may be required to be reported to United States federal...more
1/24/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Pre-Merger Filing Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive...more
1/23/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Cross-Border ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Regulatory Reform ,
Regulatory Requirements ,
Section 5 ,
Vertical Mergers
Recent trends in antitrust merger enforcement have brought into sharp focus the acquisition of nascent or potential competitors in the technology and life sciences sectors. These deals include so-called “killer acquisitions”...more
On December 18, 2023, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) (together, the “agencies”) jointly released their final revised 2023 Merger Guidelines, reflecting modest adjustments...more
12/22/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Vertical Mergers
The Federal Trade Commission (FTC) announced 2023 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions must be reported to United States federal antitrust agencies...more
On December 23, 2022, Congress passed the Consolidated Appropriations Act of 2023 (the “Act”) with bipartisan support. In addition to numerous spending provisions totaling $1.7 trillion, the Act includes antitrust-related...more
The previous year in antitrust enforcement has been marked by rapid change. In many ways this foreshadows things to come in 2023, as antitrust enforcement agencies’ tough rhetoric continues to ramp up into real-world action....more
12/21/2022
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Continuing Legal Education ,
Corporate Counsel ,
Corporate Governance ,
Enforcement ,
Mergers ,
Regulatory Reform ,
Webinars
The United States Department of Justice (DOJ) announced last week that directors at several technology companies have resigned as a consequence of the agency’s renewed focus on overlapping board membership between...more
10/26/2022
/ Acquisitions ,
Antitrust Division ,
Big Tech ,
Board of Directors ,
Competition ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Internal Investigations ,
Mergers ,
Publicly-Traded Companies ,
Section 8 ,
Startups ,
Technology Sector ,
The Clayton Act
FTC Suit Aspires to Chill M&A-Based Growth by Larger Tech Firms -
Federal Trade Commission Chair Lina Khan has consistently criticized past FTC leadership for being too lenient with Big Tech M&A activity, and for not...more
After months of partisan deadlock, this week Georgetown law professor and privacy scholar Alvaro M. Bedoya was confirmed by the Senate to serve as a member of the Federal Trade Commission (FTC). Bedoya’s confirmation gives...more
In a departure from past enforcement priorities, the Federal Trade Commission has challenged three vertical mergers over the past year, leading the parties to abandon two of the three deals...more
The Federal Trade Commission announced its 2022 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions must be reported to United States federal antitrust agencies for...more
Earlier this week, the Federal Trade Commission officially reinstated the practice of including “prior approval” requirements in consent orders settling merger investigation cases by the Commission (the 2021 Statement), the...more
On September 28, 2021, the U.S. Federal Trade Commission (FTC) published a blog post outlining the agency’s plans to expand and purportedly strengthen its process for in-depth investigations of transactions (known as “Second...more