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Hart-Scott-Rodino Act › Private Equity Firms

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 -
Morgan Lewis

Growing Number of US States Target Private Equity Transactions in Healthcare

Morgan Lewis on

Driven by a growing wave of enforcer skepticism toward further healthcare consolidation, some state legislatures have begun to propose “mini-HSR” laws explicitly targeting healthcare transactions involving private equity...more

Vedder Price

Health Care Transactions Facing Increased Federal and State Regulatory Scrutiny

Vedder Price on

Private equity investments in health care to be subject to increased oversight from federal and state regulators, including antitrust officials - Federal and state governmental regulation of health care transactions...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC-DOJ Inquiry on Serial Acquisitions: Cracking Down on PE Roll-Ups?

Skadden, Arps, Slate, Meagher & Flom LLP on

On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more

Goodwin

District Court Grants Welsh Carson’s Motion to Dismiss in FTC’s “Roll-Up” Monopolization Case; Case Against U.S. Anesthesia...

Goodwin on

The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more

Benesch

Indiana New Law Requires Written Notice of Mergers or Acquisitions of Healthcare Entities

Benesch on

On March 13, 2024, Indiana Governor Eric Holcomb enacted Senate Enrolled Act No. 9  (“Indiana Law”) into law, mandating that Indiana healthcare entities and private equity firms notify the Office of the Indiana Attorney...more

Womble Bond Dickinson

FTC is Targeting Private Equity Acquisitions in Healthcare - Is Your Industry Next?

Womble Bond Dickinson on

On March 5, the FTC convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects the FTC and DOJ Antitrust Division’s recent focus on...more

Holland & Knight LLP

Antitrust Enforcers Reaffirm Focus on Private Equity in Healthcare at Public Workshop

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As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one...more

A&O Shearman

Antitrust scrutiny of private equity deals intensifies

A&O Shearman on

Traditionally, private equity firms were seen as benign investors from an antitrust perspective. This is changing. In the past 12 months, PE-funded acquisitions have faced progressively more rigorous scrutiny by antitrust...more

Sheppard Mullin Richter & Hampton LLP

Mergers & Acquisitions Update: A Closer Look at the Impact of the FTC and DOJ’s Proposed HSR Act Filing Reform on Private Equity...

Sheppard Mullin Richter & Hampton LLP on

On June 27, 2023, the FTC and DOJ (together the “Agencies”) announced a notice of proposed rulemaking (“NPRM”) proposing extensive revisions to both the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act...more

Proskauer Rose LLP

Question of the Week: What do companies need to know if the Federal Trade Commission's proposed merger review changes are...

Proskauer Rose LLP on

“Merger review is about to get thornier. While the FTC and DOJ have been tightening the merger review process incrementally over the course of the Biden administration, the newly proposed HSR rule changes represent a...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

Cohen & Gresser LLP

FTC and DOJ Signal Increased Scrutiny of Private Equity Firms

Cohen & Gresser LLP on

The United States antitrust agencies continue to increase the pressure on private equity firms. The Federal Trade Commission (“FTC”) has amplified its position that rollups will get much harder looks, even if they are below...more

Dechert LLP

2023 Global Private Equity Outlook

Dechert LLP on

Methodology - At the beginning of the third quarter of 2022, Mergermarket, on behalf of Dechert LLP, surveyed 100 senior-level executives at private equity (PE) firms based in North America (45%), Europe, the Middle East...more

Benesch

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

Benesch on

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for...more

Morgan Lewis - Health Law Scan

Antitrust Enforcers Rachet Up Scrutiny of Private Equity and Labor Issues in Healthcare – Health Law Scan

Morgan Lewis - Health Law Scan on

Federal antitrust enforcers at the US Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to take an aggressive stance in healthcare. Two recent developments underscore the trend....more

Goodwin

Recent FTC Enforcement Action Signifies Increased Scrutiny of Private Equity Acquisitions and Imposition of More Onerous...

Goodwin on

On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more

Goodwin

Private Equity Market Update

Goodwin on

UPDATES AT A GLANCE — FEBRUARY 2022 MARKET TRENDS: - 2021 U.S. PE Market Trends in Review - Goodwin Private Equity Deal Database – Reverse Break Fees - R&W Insurance – Rate on Line and Insurer Appetite KEY TRANSACTION...more

King & Spalding

Not So Special – Securities And Antitrust Regulators May Increase Attention To SPACs In The Coming Year

King & Spalding on

In a remarkable year for the equity markets in 2020, the increased use of Special Purpose Acquisition Companies (“SPACs”) to take companies public stands out as a defining trend. In 2020, well-known private businesses – like...more

Mintz - Health Care Viewpoints

Commissioner Chopra Releases Statement on Private Equity Physician Practice Roll-Ups with FTC/DOJ HSR Annual Report

Mintz - Health Care Viewpoints on

On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to...more

Foley & Lardner LLP

HR and HSR: Insider Purchases and Executive Compensation Can Require Antitrust Reporting

Foley & Lardner LLP on

Quick: Does your company have any insiders who either now or in the future may own $90 million or more in company stock?  The CEO?  The founder?  A member of the board?  If so, then now is the time for a crash course in the...more

Dechert LLP

Antitrust Updates for Private Equity Firms

Dechert LLP on

In an era of robust merger enforcement by the U.S. antitrust agencies, opportunities abound for private equity firms to acquire divested businesses for value. These acquisitions of divested businesses are increasingly subject...more

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