News & Analysis as of

Department of Justice (DOJ) Hart-Scott-Rodino Act Enforcement Actions

Baker Botts L.L.P.

DOJ Obtains $3.5 Million Civil Penalty and Appoints Antitrust Compliance Officer to Resolve Gun-Jumping Concerns

Baker Botts L.L.P. on

On August 5, the Department of Justice (DOJ) secured a landmark decision from the U.S. District Court for the District of Columbia in a high-profile monopolization litigation....more

Morrison & Foerster LLP

Don’t Jump the Gun: The US Department of Justice Issues Rare $3.5 Million Civil Penalty for Gun Jumping

On August 5, 2024, the U.S. Department of Justice (DOJ) filed a proposed settlement with Legends Hospitality Parent Holdings (“Legends”), a global venue services company, in connection with its proposed acquisition of ASM...more

McDermott Will & Emery

States Want in on the Merger Review Fun

While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale. On July 24, 2024, the...more

Vinson & Elkins LLP

Gun-Jumping Isn’t the Stuff of Legends: DOJ Fines Hospitality Management Company $3.5 Million for Alleged Unlawful Pre-merger...

Vinson & Elkins LLP on

On August 5, 2024, the Department of Justice (“DOJ”) announced that it filed a civil complaint and proposed settlement with Legends Hospitality Parent Holdings LLC (“Legends”) for unlawful pre-merger coordination, commonly...more

Lighthouse

Emerging Trends in Second Requests

Lighthouse on

From increasing regulatory scrutiny to the best way to handle modern attachments, experts share their insights, best practices, and projections to help organizations and law firms prepare for upcoming Second Requests....more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

Cornerstone Research

Trends in Merger Investigations and Enforcement at the U.S. Antitrust Agencies: Fiscal Years 2005-2022

Cornerstone Research on

In fiscal year 2022, merger transactions and second requests decreased from the prior year....more

Dorsey & Whitney LLP

Increase in HSR Reporting Thresholds and Filing Fees; Other HSR Developments

Dorsey & Whitney LLP on

In January 2024, the Federal Trade Commission (FTC) made three important announcements for M&A practitioners....more

White & Case LLP

Major proposed changes to US antitrust rules present new hurdles

White & Case LLP on

Under the Biden administration, the US antitrust agencies—the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ)—have proposed widespread changes to antitrust policy, creating uncertainty for...more

White & Case LLP

Impact of Government Shutdown on US Antitrust Merger Enforcement and CFIUS Reviews

White & Case LLP on

The US federal government is at risk of a partial shutdown unless Congress can enact appropriations to fund certain federal operations by September 30, 2023. Both the Department of Justice (DOJ) and Federal Trade Commission...more

Proskauer Rose LLP

Promises Kept – U.S. DOJ and FTC Release Long-Anticipated Revised Merger Guidelines

Proskauer Rose LLP on

On the heels of the historic proposed changes to the Hart‑Scott‑Rodino (“HSR”) merger review process, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission released the 2023 Draft Merger...more

Davis Wright Tremaine LLP

A Record-Breaking Year of Mergers and Acquisitions

On February 10, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) released the 44th Hart-Scott-Rodino Annual Report, which surveys fiscal data and trends in the agencies' jointly administered...more

White & Case LLP

Antitrust scrutiny intensifies as DOJ and FTC step up enforcement

White & Case LLP on

The federal government continues to aggressively pursue its antitrust agenda, seeking to block several headline deals, rejecting remedy offers, increasing filing fees for the largest deals and setting out new guidelines....more

Holland & Knight LLP

Private Equity Under the Microscope: Taking Stock of the Antitrust Enforcement Environment

Holland & Knight LLP on

The Biden Administration's aggressive antitrust enforcers have trained their sights on private equity companies. They have signaled through enforcement activities, formal policy statements and informal interviews and speeches...more

Fenwick & West LLP

Tech Companies Bear the Brunt of DOJ Push on Interlocking Directorates

Fenwick & West LLP on

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

McDermott Will & Emery

Antitrust M&A Snapshot - Q2 2022

McDermott Will & Emery on

APRIL – JUNE 2022: KEY THEMES AND TAKEAWAYS - UNITED STATES - • An Overview of Agency Merger Challenges from January 2021 through June 2022 Parties continue to be cautious in litigating challenged transactions. Since...more

McDermott Will & Emery

DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged

McDermott Will & Emery on

WHAT HAPPENED - During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement...more

Perkins Coie

FTC Settlement Highlights More Aggressive Enforcement of Private Equity Acquisitions

Perkins Coie on

The U.S. Federal Trade Commission (FTC) voted 5-0 to issue a complaint and accept a proposed order for public comment regarding private equity fund JAB Consumer Partners SCA SICAR’s (JAB) $1.1 billion acquisition of SAGE...more

Dechert LLP

DAMITT Q1 2022: Significant Merger Investigations Face Steeper Hurdles to Settlement

Dechert LLP on

In the U.S., “significant” merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions for which the result of the investigation by the Federal Trade Commission (FTC) or the Antitrust Division of the...more

McDermott Will & Emery

Kanter Signals DOJ to Follow FTC Lockstep, Calls for Substantial Change to Competition Enforcement Approach

McDermott Will & Emery on

In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives...more

Dechert LLP

Significant fines imposed in HSR failure to file actions

Dechert LLP on

On December 22, 2021, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced that they had entered into settlements with Clarence L. Werner and Biglari Holdings Inc. (Biglari)...more

McDermott Will & Emery

Enforcement Agencies Announce Moratorium on Early Termination Program for Merger Reviews

McDermott Will & Emery on

The US Federal Trade Commission (FTC) released a joint statement with the Department of Justice (DOJ) on February 4, 2021, signaling comprehensive changes to the merger review process. In a significant development, the...more

McDermott Will & Emery

Antitrust M&A Snapshot - February 2021

OCTOBER - DECEMBER 2020 UPDATE - UNITED STATES - Despite initial obstacles because of the COVID-19 pandemic, 2020 rounded out to be the busiest year for mergers and acquisitions (M&A) enforcement in the United States...more

Dechert LLP

DAMITT 2020 Report: Antitrust merger enforcement trends amid the pandemic, U.S. elections and Brexit

Dechert LLP on

The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP’s Antitrust/Competition practice reporting on trends in significant merger control investigations in the United States...more

McDermott Will & Emery

Antitrust M&A Snapshot - October 2020

McDermott Will & Emery on

JULY - SEPTEMBER 2020 UPDATE - UNITED STATES- Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more

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