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Hart-Scott-Rodino Act Warning Letters

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 -
Lighthouse

2021 Second Request Trends Report - A Look At HSR Second Requests In 2021 And What We Can Expect For 2022

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Federal agencies don’t publish official Second Request transaction numbers until late the following year. But recent trends suggest a high volume of activity for 2021 and 2022, as well as a stricter regulatory and political...more

White & Case LLP

Antitrust: Extended timelines and broader scope

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The Federal Trade Commission (FTC) was busy in its first year under the Biden administration. Over the past year, the FTC announced several important policy and process changes that may have significant implications for US...more

Proskauer Rose LLP

How to Navigate the Coming Antitrust Policy Tests

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2021 will be remembered in antitrust law. Not since the 1970s has there been so much chatter over the fundamental purposes of antitrust policy, or such potential for actual sea change. Originally published in Law360 -...more

Proskauer Rose LLP

Preparing for the New FTC Warning-Letter Process in M&A

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With a rash of changes since Chair Lina Khan took command, the Federal Trade Commission is proving the maxim that the only certainty is uncertainty. Its new policy of issuing warning letters to deals that have...more

K&L Gates LLP

FTC Increases Risk For Acquirers By Extending Time For Review Beyond the Hart-Scott Waiting Period

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Citing a shortage of resources to respond to a “tidal wave of merger filings,” the Federal Trade Commission (FTC) has begun sending letters (Warning Letters) to the parties to many mergers and acquisitions that it has not...more

WilmerHale

The FTC’s New “Warning Letter” in Merger Reviews: More Waiting After the HSR Waiting Period?

WilmerHale on

In an August 3 blog post, the Federal Trade Commission (FTC) announced a change to the FTC’s merger review process with potentially far-reaching effects. Emphasizing the agency’s constrained capacity resulting from a “tidal...more

White & Case LLP

Federal Trade Commission’s Pre-Consummation Warning Letters Signal New Risk of Closing After Hart-Scott-Rodino Act Waiting Period...

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On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging...more

Seyfarth Shaw LLP

“Tidal Wave” of Merger Filings Prompts FTC To Send Pre-Consummation Warning Letters

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On February 4, 2021, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) announced that the agencies would temporarily suspend the practice of granting early termination of the 30 day waiting period in...more

BCLP

EU Competition Newsletter - March 2018

BCLP on

Early attention to the antitrust considerations of a given transaction can go a long way towards promoting the chances of timely or even early clearance of a transaction. As an initial matter, parties should focus their...more

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