On January 10, 2025, the Federal Trade Commission (“FTC”) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust...more
1/16/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Reporting Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more
1/10/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Big Tech ,
CFIUS ,
Competition ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Emerging Technologies ,
EU ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
General Data Protection Regulation (GDPR) ,
Hart-Scott-Rodino Act ,
IRS ,
Mergers ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Outbound Transactions ,
Private Equity ,
Regulatory Agenda ,
Regulatory Requirements ,
Stakeholder Engagement ,
Technology
On October 10, 2024, the U.S. Federal Trade Commission (“FTC”) voted 5-0 to adopt new Hart-Scott-Rodino (“HSR”) rules, which will substantially expand filing requirements for parties when the new rules go into effect. The...more
10/14/2024
/ Acquisitions ,
Antitrust Division ,
Best Practices ,
Department of Justice (DOJ) ,
Fast Track Process ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Lead Supervisory Authority ,
Mergers ,
Private Equity ,
Suppliers
On August 5, 2024, the U.S. Department of Justice (DOJ) filed a proposed settlement with Legends Hospitality Parent Holdings (“Legends”), a global venue services company, in connection with its proposed acquisition of ASM...more
8/15/2024
/ Antitrust Provisions ,
Antitrust Violations ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Pre-Merger Filing Requirements ,
Securities Transactions ,
Waiting Periods
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
6/5/2024
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Pricing ,
Public Comment ,
Request For Information ,
Suppliers ,
The Clayton Act
On January 22, 2024, the Federal Trade Commission (FTC) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust the...more
M&A activity in 2023 was subdued, as dealmakers grappled with geopolitical tensions, inflation, rising interest rates, and increasing regulatory scrutiny, against a backdrop of general economic uncertainty. Challenges in the...more
1/4/2024
/ Antitrust Division ,
Artificial Intelligence ,
Big Tech ,
California Consumer Privacy Act (CCPA) ,
CFIUS ,
Data Security ,
Economic Sanctions ,
EU ,
Export Controls ,
Foreign Investment ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
Horizontal Mergers ,
National Security ,
Popular ,
Shareholder Activism ,
State Administration for Market Regulation (SAMR) ,
UK ,
Vertical Mergers
The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have...more
7/28/2023
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Foreclosure ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Market Manipulation ,
Market-Sharing ,
Merger Controls ,
Mergers ,
Minority Shareholders ,
Vertical Mergers
On June 27, 2023, the U.S. Federal Trade Commission (“FTC”), with the collaboration and concurrence of the Antitrust Division of the U.S. Department of Justice (“DOJ”), announced a Notice of Proposed Rulemaking (the “Notice”)...more
Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more
4/11/2023
/ Algorithms ,
Anti-Monopoly ,
Antitrust Division ,
Artificial Intelligence ,
Cartels ,
Collusion ,
Competition ,
Consent Decrees ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Instant Messaging Apps ,
Mergers ,
Price-Fixing ,
Robinson-Patman Act ,
Sherman Act ,
Wage-Fixing
On January 23, 2023, the Federal Trade Commission (FTC) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust the...more
Congress passed the Consolidated Appropriations Act of 2023 (the “Act”) on December 22, 2022, and President Biden signed it into law on December 29, 2022. The Act significantly amends the Hart-Scott-Rodino Act (the “HSR Act”)...more
1/11/2023
/ Antitrust Provisions ,
Blocked Person ,
Consolidated Appropriations Act (CAA) ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Foreign Entities ,
Hart-Scott-Rodino Act ,
Mergers ,
SDN List ,
State Attorneys General
Recent scrutiny of interlocking directorates – when a person serves as an officer or board director of two competing corporations – by the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission...more
On January 24, 2022, the Federal Trade Commission (FTC) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust the...more