News & Analysis as of

Merger Agreements Department of Justice (DOJ)

Vinson & Elkins LLP

First 100 Days of the New HSR Rules

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One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties...more

Ballard Spahr LLP

FDIC proposing rescinding merger policy adopted in September

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The FDIC has proposed rescinding the agency’s 2024 Statement of Policy on Bank Merger Transactions. FDIC officials said at the time of issuance that the Statement of Policy addresses the scope of transactions that will be...more

Vinson & Elkins LLP

10 Key Takeaways on Addressing Antitrust Risk in M&A Transactions

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On February 10, Vinson & Elkins LLP’s Hill Wellford, co-chair of the firm’s antitrust group, and Kara Kuritz, an antitrust transactional partner, presented a PLI briefing “Antitrust in Transactions.” During their talk about...more

Robins Kaplan LLP

Destination Skiing And The DOJ's Mountain Merger Challenge

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This summer, the U.S. Department of Justice requested additional information on Alterra Mountain Co.'s planned acquisition of Arapahoe Basin, known as A-Basin, signaling the first DOJ challenge to a ski mountain merger in...more

Troutman Pepper Locke

Policies in Focus: Opportunities and Challenges Expected for M&A and VC in 2025

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The only constant in Washington, D.C., is that power will periodically shift from one party to another, and back again. As a new administration and Congress begin to chart a course on a wide range of policies, it is important...more

Husch Blackwell LLP

M&A Antitrust Update: 2025 Brings New HSR Thresholds, a Challenge to the HSR Rules, and a Gun-Jumping Violation

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The initial days of 2025 ushered in a trifecta of significant antitrust updates for dealmakers. First, the Federal Trade Commission (FTC) recently announced its annual adjustment to the monetary thresholds that apply to...more

Seyfarth Shaw LLP

FTC Announces 2025 Hart-Scott-Rodino Act Thresholds and Filing Fees

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On January 10, 2025, the Federal Trade Commission (FTC) announced the 2025 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $119.5 million to $126.4 million. Deals that...more

Troutman Pepper Locke

FTC Announces Annual Changes to the HSR Act's Notification Thresholds

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The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions that meet or exceed...more

Mayer Brown

M&A Antitrust Alert: FTC Imposes Significant Gun-Jumping Penalty for Unlawful Pre-Merger Coordination Among Crude Oil Producers

Mayer Brown on

M&A practitioners have long regarded the integration planning and execution process as one of the keys to a successful M&A transaction. However, in deals subject to pre-merger antitrust clearance, it is critical to navigate...more

Troutman Pepper Locke

FTC Secures Record Gun-Jumping Settlement in Energy Transaction

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The Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ) announced a record-setting $5.6 million gun-jumping fine related to Verdun Oil Company II LLC’s acquisition of EP Energy LLC. Although...more

Ropes & Gray LLP

[Podcast] Health Care Transaction Laws Unwrapped: Recent Antitrust Developments

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Join us for the final episode of our Health Care Transaction Laws Unwrapped podcast series, where Ropes & Gray antitrust partner Jane Willis and counsel David Young explore the intersection of health care transaction laws and...more

Akin Gump Strauss Hauer & Feld LLP

New HSR Requirements Will Dramatically Increase the Burden on Filers

The long-awaited new HSR rules have finally been released. On October 10, 2024, the Federal Trade Commission (FTC), with concurrence of the Department of Justice (DOJ) (collectively, the Agencies), released the 460-page final...more

Nelson Mullins Riley & Scarborough LLP

New HSR Process Rules by FTC: What Sellers Should Know

As we reported on Oct. 11, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced the final HSR (Hart-Scott-Rodino Antitrust Improvements Act of 1976) rules and form changes on Oct. 10.  While the “new”...more

Troutman Pepper Locke

A Look at State AGs Supermarket Antitrust Enforcement Push

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Gone are the days when state attorneys general leave antitrust enforcement to their federal counterparts at the Federal Trade Commission or the U.S. Department of Justice Antitrust Division. Originally published in Law360...more

Jones Day

DOJ and FTC Release Final Rule Expanding HSR Premerger Filing Requirements

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The Federal Trade Commission ("FTC") unanimously issued a final rule expanding the requirements of premerger filings under the Hart-Scott-Rodino Antitrust Improvements ("HSR") Act of 1976. The HSR Act requires parties to...more

Ballard Spahr LLP

FTC Finalizes Comprehensive Overhaul of Premerger Notification Requirements

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The Federal Trade Commission (FTC) finalized a comprehensive overhaul of the premerger notification program. Firms considering a merger or acquisition that meets the filing thresholds should prepare for a more onerous...more

Ballard Spahr LLP

FDIC, OCC and Justice Department update bank merger guidelines

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The FDIC, the OCC and the Justice Department earlier this month issued updated standards for bank mergers. The three agencies acted separately, although officials noted that they had worked with the other agencies involved....more

CDF Labor Law LLP

NLRB, DOJ, FTC and DOL Formalize the Exchange of Information to Help Scrutinize The Impact of Mergers on Workers

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The MOU - On August 28, 2024, the National Labor Relations Board and Department of Labor (“Labor Agencies”) entered into a Memorandum of Understanding with the Department of Justice – Antitrust Division and the Federal...more

Thomas Fox - Compliance Evangelist

Compliance Lessons on Mergers and Acquisitions from Star Trek: The Ultimate Computer

Last month, I wrote a blog post on the tone at the top, exemplified in Star Trek’s Original Series episode, Devil in the Dark. Based on the response, some passionate Star Trek fans are out there. I decided to write a series...more

Ballard Spahr LLP

U.S. Regulatory Hurdles for a PGA/PIF Merger

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The PGA Tour announced that it had, along with the DP World Tour, entered into a Framework Agreement with the Public Investment Fund of the Kingdom of Saudi Arabia (PIF) to create “a global golf partnership.” While the...more

Thomas Fox - Compliance Evangelist

Navigating Culture in Mergers and Acquisitions: A Strategic Approach

Mergers and Acquisitions (M&A) are often perceived as primarily financial transactions. However, the real success of these endeavors usually hinges on a less tangible but equally crucial factor: organizational culture. In the...more

Stinson LLP

DOJ and FTC’s Aggressive Antitrust Enforcement Agenda Set to Continue

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There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward: New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more

Cornerstone Research

2023 Merger Guidelines Addressing Potential Impacts on Workers

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In this article from The Threshold, the authors recap a panel on theories of labor harm in mergers, sponsored by the Mergers and Acquisitions Committee of the American Bar Association Section of Antitrust Law....more

Ballard Spahr LLP

FDIC Proposes Limitations on Use of Non-Competes

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On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) issued its proposed Statement of Policy on Bank Merger Transactions (the “Proposal”) for public comment. The Proposal seeks to update guidance, last...more

Cornerstone Research

Trends in Merger Investigations and Enforcement at the U.S. Antitrust Agencies: Fiscal Years 2005-2022

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In fiscal year 2022, merger transactions and second requests decreased from the prior year....more

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