The FTC has finalized significant changes to the information and level of detail that will be required in premerger antitrust filings under the HSR Act. The new rules will take effect in early 2025.
Among other changes,...more
10/15/2024
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Infrastructure Investment and Jobs Act (IIJA) ,
Mergers ,
NAICS ,
Premerger Notifications
On July 19, 2023, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together, the Agencies) released a draft set of revised Merger Guidelines (the Revised Guidelines) to set forth the...more
Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more
7/27/2022
/ Beverage Manufacturers ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
FRAND ,
FTC Act ,
Healthcare ,
Manufacturers ,
Memorandum of Understanding ,
Mergers ,
NIST ,
NLRB ,
Pharmaceutical Industry ,
ROI ,
USDA ,
USPTO
On January 24, 2022, the Federal Register published an FTC notice announcing the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR)....more
On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more
7/15/2021
/ Anti-Competitive ,
Antitrust Violations ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare ,
Joe Biden ,
Manufacturers ,
Mergers ,
No-Poaching ,
Non-Compete Agreements ,
Pharmaceutical Industry ,
Wage-Fixing
On January 28, 2020, the Federal Register published an FTC notice with the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR). Once the...more
1/30/2020
/ Acquisitions ,
Antitrust Division ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On January 10, 2020, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) released for public comment draft Vertical Merger Guidelines. Vertical mergers are those that combine companies...more
1/23/2020
/ Acquisitions ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers
In his 2016 presidential campaign, Donald Trump frequently expressed populist themes, rhetorically criticizing “big business” and “special interests,” and signaled an activist antitrust agenda with his comment in October 2016...more
10/10/2019
/ Aetna ,
Antitrust Division ,
Arbitration ,
AT&T ,
Cannabis-Related Businesses (CRBs) ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Medicare ,
Medicare Part D ,
Mergers ,
Sprint ,
Standard Essential Patents ,
Strategic Enforcement Plan ,
T-Mobile ,
Technology Sector ,
Time Warner ,
Trump Administration ,
Tunney Act
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
1/23/2019
/ Acquisitions ,
Antitrust Violations ,
Automotive Industry ,
Cybersecurity ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
International Labor Laws ,
Manufacturers ,
Mergers ,
NAFTA ,
NHTSA ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
The antitrust outlook in the United States in 2018 continues to present uncertainty. Below, we look to identify some sources of that uncertainty and offer some predictions for industries, including the auto industry, for the...more
On January 29, 2018, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more
2/1/2018
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements ,
Voting Securities
Foley’s Automotive Industry Team has prepared this report examining what the litigation, enforcement and regulatory landscape is likely to look like in 2018 and beyond. Inside, you will learn about:
Managing warranty,...more
1/23/2018
/ Acquisitions ,
Auto Warranties ,
Automotive Industry ,
Connected Cars ,
Contract Terms ,
Cybersecurity ,
Driverless Cars ,
Emerging Technology Companies ,
Employer Liability Issues ,
Equal Pay ,
Merger Controls ,
Mergers ,
Motor Vehicles ,
NHTSA ,
Sexual Harassment ,
Suppliers
We expect that this year’s antitrust outlook will continue to carry a degree of uncertainty, whether in the United States, the European Union, or elsewhere. Our next two posts will cover some of the causes of present...more
On January 26, 2017, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more
1/30/2017
/ Acquisitions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements ,
Voting Securities