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Hart-Scott-Rodino Act › The Clayton Act › Acquisitions

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 -
A&O Shearman

U.S. DOJ Seeks Rare USD3.5 million “Gun Jumping” Penalty For Alleged Pre-Closing Conduct In Violation Of Hart-Scott-Rodino Act

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On August 5, 2024, the United States Department of Justice filed a rare gun jumping civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against a global sports and...more

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

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U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

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On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more

Bradley Arant Boult Cummings LLP

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

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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

McDermott Will & Emery

Top Takeaways | FTC Hosts Workshop, Solicits Public Comments on Private Equity in Healthcare

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On March 5, 2024, the Federal Trade Commission (FTC) hosted “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care” to examine the role of private equity investment in healthcare markets. The same...more

White & Case LLP

FTC Annual Changes to U.S. HSR Thresholds Will Be Effective March 6; Highest Filing Fees Now $2.335 Million

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The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds – effective for deals closing on or after March 6, 2024 – and updated filing fee thresholds, effective...more

Jenner & Block

U.S. Antitrust Agencies Propose Sweeping Changes to the HSR Premerger Notification Program

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On June 27, 2023, the Federal Trade Commission (“FTC”) in collaboration with the Department of Justice (“DOJ”) announced a proposal to overhaul the Hart-Scott-Rodino (HSR) Act premerger notification program. If adopted, the...more

Holland & Knight LLP

Revised Hart-Scott-Rodino Thresholds Take Effect March 6, 2024

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The Federal Trade Commission (FTC) recently announced revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after March 6, 2024....more

Bradley Arant Boult Cummings LLP

FTC Announces 2024 Hart-Scott-Rodino Threshold and Filing Fee Adjustments

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The Federal Trade Commission (FTC) has announced the annual revisions to the monetary thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under the...more

Proskauer Rose LLP

FTC Announces 2024 Thresholds Under HSR Act and Clayton Act

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The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity. As is our annual practice, this alert identifies...more

Davis Wright Tremaine LLP

FTC Updates 2024 Thresholds for HSR and Interlocking Directorates

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The Federal Trade Commission announced that as of February 23, 2024, the reporting thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of...more

Vinson & Elkins LLP

2024 Annual Updates to the United States Pre-Merger Notification (HSR Act) and Interlocking Directorates Thresholds

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The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the...more

A&O Shearman

2024 Increases to HSR Thresholds, Filing Fees, HSR Penalties and Interlocking Directorate Thresholds

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The Federal Trade Commission (“FTC”) has announced updated filing thresholds and related filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). The new HSR Act thresholds will...more

BakerHostetler

2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

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On Jan. 22, the FTC announced the 2024 filing thresholds under the HSR Act, as well as the 2024 filing fees. The new thresholds will be published in the Federal Register in the coming days....more

BCLP

Stay Above Board In 2024: New Thresholds Applicable to Clayton Act Prohibition on Interlocking Directorates

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The Federal Trade Commission recently announced revised thresholds (“2024 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national...more

Oliva Gibbs LLP

Flying Under the Federal Radar: Deals Under the HSR Filing Threshold Provide Scrutiny-Free Opportunities for Operators

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Oil and Gas Mergers and Acquistions: A $100 Billion Shift - As happens periodically, consolidation mania has once again seized the oilpatch.  There have been multiple oil and gas acquisitions totaling over $100 billion by...more

King & Spalding

FTC and DOJ Issue New Merger Guidelines

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On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

BakerHostetler

UPDATE: Are Hospital Acquisitions with COPA Authorization Exempt from HSR Premerger Notification?

BakerHostetler on

In my earlier post in the Antitrust Advocate Blog, I noted recent setbacks that the Federal Trade Commission has experienced with respect to its regulatory authority. I then asked whether the FTC would suffer another...more

Holland & Knight LLP

State Action Immunity Trumps Federal Pre-Merger Notification Requirements

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The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more

Brownstein Hyatt Farber Schreck

FTC, DOJ Issue Updated Merger Guidelines

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Last week, the U.S. Federal Trade Commission (FTC) and Department of Justice (DOJ) proposed 13 new federal guidelines for mergers and acquisitions—the first comprehensive update to the guidelines in over a decade and the...more

Hogan Lovells

FTC and DOJ publish long-awaited draft of proposed merger guidelines

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On July 19, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the agencies”) released their 2023 Draft Merger Guidelines (the “2023 draft guidelines” or the “revised guidelines”). The publication of...more

Stevens & Lee

FTC Sues to Compel State-Approved Hospital Acquisitions to Comply with Hart-Scott-Rodino Act Requirements

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Last Thursday, the Federal Trade Commission (“FTC”) took the step of filing suit in federal court asserting that parties to a hospital acquisition who had obtained a Certificate of Public Advantage (“COPA”) from their state...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 2

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The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust...more

Steptoe & Johnson PLLC

FTC’s 2023 Adjustments to HSR Filing Thresholds; Merger Filing Fee Modernization Act of 2022

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On January 26, 2023, the Federal Trade Commission (FTC) published in the Federal Register its annual adjustment for notification thresholds regarding proposed mergers and acquisitions under the Hart-Scott-Rodino Antitrust...more

WilmerHale

HSR Size of Transaction Threshold to Increase to $111.4 Million

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On January 23, 2023, the Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Effective on February 27, 2023, the lowest size-of-transaction filing...more

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