On January 10, 2025, the Federal Trade Commission (FTC) announced the Revised Jurisdictional Thresholds for Section 7A of the Clayton Act to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The U.S. Chamber...more
On October 10, 2024, the Federal Trade Commission (FTC) announced long-awaited finalized changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the...more
Private Equity (PE) has been a popular and frequent target of the Biden Administration’s recent antitrust enforcement efforts. Earlier this year, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division...more
6/5/2024
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Minority Shareholders ,
Monopolization ,
Permanent Injunctions ,
Private Equity
There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward:
New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more
4/24/2024
/ Acquisition Agreements ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Private Equity ,
Remedies
On Friday March 1, 2024, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) is an unconstitutional overreach of Congress's enumerated powers in...more
3/6/2024
/ Beneficial Owner ,
Business Ownership ,
Congressional Authority ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
FinCEN ,
Foreign Policy ,
Interstate Commerce ,
National Security ,
NSBA ,
Reporting Requirements
On December 18, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued final merger guidelines which significantly overhaul how the agencies determine whether potential transactions violate...more
On June 27, 2023, the Federal Trade Commission, in concurrence with the U.S. Department of Justice's Antitrust Division (the Agencies), proposed changes to the premerger notification form, as well as the premerger...more
6/29/2023
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Premerger Notifications ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform