The Federal Trade Commission (“FTC”) announced the new filing fees, along with the annual adjustment to jurisdictional thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”), as amended. The filing...more
The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the U.S. Antitrust Agencies) have recently reinvigorated antitrust enforcement against company “interlocks”—i.e., when a director or...more
On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more
On Jan. 10, the FTC announced the 2025 filing thresholds under the HSR Act, as well as the 2025 filing fees. The new thresholds will be published in the Federal Register in the coming days and will apply to transactions...more
In January 2024, the Federal Trade Commission (FTC) made three important announcements for M&A practitioners....more
On August 16, 2023, the US Federal Trade Commission (“FTC”) brought its first enforcement action under Section 8 of the Clayton Act in 40 years. At the same time, the US Department of Justice’s Antitrust Division (“DOJ” and...more
On August 16, 2023, the Federal Trade Commission (“the FTC”) marked its first enforcement action of the prohibitions on interlocking directorates under Section 8 of the Clayton Act in over 40 years. Section 8 prohibits an...more
In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...more
The Nutter Securities Enforcement Update is a periodic summary of noteworthy recent securities enforcement activity, settlements, decisions, and charges. ...more
On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more
The business community was put on notice last week after the Department of Justice (DOJ) announced the resignations of seven directors from five corporate boards following what DOJ called the “first in a broader review of...more
The Antitrust Division announced last year that it intended to reinvigorate enforcement of Section 8 of the Clayton Act, which prohibits directors and officers serving simultaneously on the boards of competitors (with limited...more
WHAT HAPPENED - • Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. § 19) by the US Department of Justice (DOJ), Antitrust Division (the Division), the...more
In the single largest enforcement event in the history of Section 8 of the Clayton Act, it was recently revealed that seven directors have resigned from the corporate boards of five public companies in response to the Justice...more
An Explanation of Why Two Directors Resigned from the Live Nation Board of Directors to Resolve Antitrust Concerns - Every year as part of the update of various regulatory thresholds, including the much more closely...more
As we move into a new year, we have taken the opportunity to prepare an Annual Update for our investment adviser and private fund clients. This Annual Update reflects on major statutory and regulatory changes from 2016,...more
Recent enforcement activity by the Department of Justice (that required restructuring a live transaction) and the Federal Trade Commission makes clear that enforcement of Section 8 of the Clayton Act, the prohibition against...more