Forecasting the future is always a perilous exercise, but here's what my antitrust crystal ball tells me about antitrust enforcement in the second Trump administration....more
As we reported in October, the Federal Trade Commission, with the concurrence of the United States Department of Justice Antitrust Division, have issued revised Hart-Scott-Rodino (HSR) premerger notification rules. These...more
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
10/16/2024
/ Acquisition Agreements ,
Antitrust Provisions ,
Buyers ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Sellers
Life's about to get more interesting for parties filing premerger notification and report forms under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976....more
The FTC unveiled its long-awaited final rule banning most non-compete agreements during a live broadcast of a Commission meeting on April 23, 2024. The proposed rule, which was first announced in January 2023, underwent an...more
4/26/2024
/ Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Healthcare ,
Healthcare Workers ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants
Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard...more
2/2/2024
/ Antitrust Investigations ,
Antitrust Violations ,
Civil Investigation Demand ,
Department of Justice (DOJ) ,
Electronic Communications ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Instant Messaging Apps ,
Microsoft ,
Obstruction of Justice ,
Record Preservation ,
Slack
The Federal Trade Commission (FTC) has now announced the adjusted Hart-Scott-Rodino (HSR) thresholds, filing fees and thresholds, and civil monetary penalties for the new year. The HSR Act requires parties to certain mergers,...more
A new year means resolutions which are often centered around self-improvement measures like weight loss, exercise plans, and other health improvement measures. Companies can also benefit from resolutions. Increasing antitrust...more
As we reported on July 7, the Federal Trade Commission, with the concurrence of the U.S. Department of Justice, released a Notice of Proposed Rulemaking (NPRM) to overhaul the Hart-Scott-Rodino (HSR) Act of 1976’s premerger...more
With minimal fanfare on a quiet summer Friday afternoon, the Federal Trade Commission (FTC) did what many have been expecting it to do for several months: it officially withdrew from two healthcare antitrust enforcement...more
On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (USDOJ), released a 133-page Notice of Proposed Rulemaking (NPRM) seeking to overhaul the Hart-Scott-Rodino Act of...more
7/28/2023
/ Acquisition Agreements ,
Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
NPRM ,
Premerger Notifications ,
Regulatory Agenda ,
Regulatory Reform
The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), codified at 15 USC § 18a, is the federal antitrust law that requires parties to certain large mergers, acquisitions, joint ventures and other corporate...more
As normally happens in late January every year, the Federal Trade Commission (FTC) has announced its revised Hart-Scott-Rodino (HSR) thresholds. The HSR Act requires parties to certain mergers, acquisitions, joint ventures,...more
In the wake of robust merger and acquisition activity and the resulting unprecedented numbers of reported transactions, the Federal Trade Commission (“FTC”) has announced significant increases to the Hart-Scott-Rodino (“HSR”)...more
On July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy,” (the “Order”) which aims to drive down prices for consumers, increase wages for workers, and promote innovation...more