News & Analysis as of

Hart-Scott-Rodino Act › Enforcement Actions › Antitrust Provisions

The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or... more +
The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or acquisitions must notify the Department of Justice and the Federal Trade Commission prior to completing the transaction. Once notified, the DOJ and FTC investigate and make a determination as to whether the proposed transaction will adversely impact U.S. commerce and competition within the market. less -
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

Morrison & Foerster LLP on

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

McDermott Will & Emery on

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

Bradley Arant Boult Cummings LLP on

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

Venable LLP

Tuna Price-Fixing Summary Judgment Decision Is a Warning to Private Equity

Venable LLP on

A private equity firm and its investment advisor are facing trial over claims they participated in a price-fixing conspiracy for canned tuna carried out at their portfolio company, Bumble Bee tuna. The judge overseeing the...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

Williams Mullen

Federal Trade Commission Targets Private Equity in Healthcare for Antitrust Enforcement

Williams Mullen on

The Federal Trade Commission (FTC) announced an action on September 21, 2023, against U.S. Anesthesia Partners, Inc. (USAP) and private equity group Welsh, Carson, Anderson & Stowe (WCAS), alleging that a series of...more

Davis Wright Tremaine LLP

A Record-Breaking Year of Mergers and Acquisitions

Davis Wright Tremaine LLP on

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

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

Dechert LLP

DAMITT Q3 2022: Merger Enforcement Remains Aggressive Despite U.S. Court Losses

Dechert LLP on

Key Facts - United States - • Only three significant merger investigations concluded in Q3 2022. All three investigations ended with a complaint or an abandoned transaction. For the first time in more than a decade,...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

Goodwin

Antitrust + Competition Life Sciences Quarterly Update - Q1 2022

Goodwin on

Despite the aggressive rhetoric, the change in the leadership and composition at the U.S. Federal Trade Commission (FTC) did not result in more enforcement in 2021. As the calendar turned to 2022, the FTC seems to be stepping...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

Proskauer Rose LLP

FTC Rings in the New Year with HSR Enforcement and Penalties Front and Center for Investors

Proskauer Rose LLP on

The FTC has announced penalties in two separate enforcement actions totaling almost $2 million for alleged violations of the HSR Act. The matters: U.S. v. Clarence L. Werner c/o Werner Enterprises, Inc.; and U.S. v. Biglari...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

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

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Winter 2020

Hogan Lovells on

Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid - The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more

McDermott Will & Emery

FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor

McDermott Will & Emery on

The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more

Proskauer Rose LLP

Merger Woes for Hedge Fund as Obscure HSR Rule Spells Trouble and $600K Penalty

Proskauer Rose LLP on

According to a complaint filed by the Department of Justice, several funds affiliated with Third Point Management failed to file and observe the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976...more

Polsinelli

Antitrust Enforcers Target Securities Transactions for Violating the HSR ACT

Polsinelli on

U.S. antitrust enforcers continue to seek stiff penalties from companies that commit “gun jumping” by closing certain securities transactions without reporting them to the Federal Trade Commission (FTC) and United States...more

Hogan Lovells

Third Point to pay monetary penalty to settle allegations of HSR Act violations

Hogan Lovells on

On 28 August 2019 investment advisor Third Point LLC (Third Point) and three funds under its control – Third Point Partners Qualified L.P., Third Point Ultra, Ltd., and Third Point Offshore Fund Ltd. (collectively, the Third...more

Hogan Lovells

"Devices for avoidance" don't avoid HSR penalties

Hogan Lovells on

On 10 June 2019 the U.S. Department of Justice (DOJ) Antitrust Division, acting at the request of the Federal Trade Commission (FTC), filed a complaint and proposed final judgment in the U.S. District Court for the District...more

45 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide