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DOJ, FTC Publish New Vertical Merger Guidelines for the First Time in 36 Years

On January 10, 2020, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) Bureau of Competition published their Draft Vertical Merger Guidelines (Draft Guidelines). This was the first...more

The Insatiable American Antitrust Appetite: What Merger Retrospectives Could Mean for Growing Companies

Antitrust pressures are mounting for merging, growing and already-large companies as the Federal Trade Commission (FTC), Department of Justice (DOJ), congressional panels, presidential candidates and even the American public...more

Beware of Antitrust Risks When Settling Lawsuits With Competitors

Bad press. Burdensome and costly document and data collections. Unpredictable outcomes. The sometimes-slow pace of justice. It’s easy to understand why parties often prefer early settlement to fighting a lawsuit through trial...more

FTC Increases Hart-Scott-Rodino Transaction Thresholds for 2019

On February 15, 2019, the Federal Trade Commission (FTC) published adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). Companies contemplating a merger should...more

In Effort to Increase Employees’ Bargaining Power, U.S. Senators Petition Federal Antitrust Agencies to Revisit Benchmarking...

On June 28, 2018, U.S. Senators Elizabeth Warren and Cory Booker sent a letter to the heads of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) requesting those agencies to revisit their guidance on...more

Think Twice Before Exchanging Due Diligence Information With a Competitor

Competitors exploring mergers or acquisitions may find themselves under a microscope regarding what information they exchange in the process. On March 20, 2018, the Federal Trade Commission (FTC) reaffirmed its longstanding...more

When Does Your Transaction Require a Hart-Scott-Rodino Filing? FTC Announces Adjusted Thresholds for 2018

On January 29, the Federal Trade Commission (FTC) published increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new thresholds represent an approximate 4...more

Corporate Agreements Not to Recruit Employees From Competitors Could Lead to Criminal Actions, Per DOJ Antitrust Chief

In a speech on January 19, the Department of Justice Antitrust Division’s chief antitrust enforcer, Makan Delrahim, said the Division is investigating and plans to pursue criminal actions against employers who have agreed not...more

Amended Fred Meyer Guides Account for Rise of Online Business, Otherwise Remain Largely Unchanged

On November 10, 2014, the Federal Trade Commission's (FTC) first amendments in 20 years to the so-called Fred Meyer Guides will take effect. The Guides give direction to manufacturers, wholesalers and other suppliers seeking...more

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