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Executive to Pay Civil Penalties for Not Reporting Compensation Share Acquisition Under HSR Act

A senior executive of a public company has agreed to pay $609,810 in civil penalties for acquiring additional voting securities in the company without first making a Hart-Scott-Rodino Act filing and observing the statutory...more

DOJ Announces Reforms to Merger Review Process

Makan Delrahim, Assistant Attorney General for the U.S. Department of Justice Antitrust Division (“Division”), announced a series of reforms that aim to expedite the Division’s merger review process....more

DOJ Loses First Vertical Merger Suit Brought in Decades as Federal Judge Approves AT&T’s Acquisition of Time Warner

On June 12, 2018, following a six-week-long bench trial, Judge Richard J. Leon of the United States District Court for the District of Columbia ruled that AT&T’s proposed acquisition of Time Warner does not violate the...more

Antitrust Enforcement Under the Trump Administration

Divining trends in antitrust enforcement in a given presidential administration can take some time. Many commentators didn’t notice material changes in antitrust enforcement in the Obama administration – at least in merger...more

The DOJ’s Evolving Approach to Consent Decrees

While structural remedies remain the primary remedy of choice, and virtually the only option in the case of horizontal mergers, under the Obama Administration and with respect to vertical mergers, the agencies increasingly...more

Gun-jumping and Procedural Compliance

The EU and U.S. competition authorities have been and remain active in enforcing gun-jumping cases, while in recent years other competition authorities across the world, including in China, have also become increasingly...more

DOJ’s Challenge of Parker-Clarcor: HSR Clearance Does Not Equal Safe From DOJ Challenge

On September 26, the DOJ challenged Parker-Hannifin’s $4.3-billion consummated acquisition of Clarcor, serving as a reminder that receiving HSR clearance does not immunize transactions from being challenged, even after...more

ValueAct Settles for Record HSR Fine

Activist investor ValueAct Capital agreed to pay an $11 million fine and also agreed to injunctive relief to settle the DOJ’s allegations that it violated the HSR Act in connection with its acquisition of over $2.5 billion of...more

Activism (Re)Defined: DOJ Files Complaint Against ValueAct for Alleged HSR Act Violation

In filing a complaint and seeking $19 million of damages against ValueAct for failing to file a premerger notification and observe the statutory waiting period pursuant to the HSR Act in connection with its 2014 purchase of...more

The DOJ’s Antitrust Division Cuts Back On Its Carve-Out Policy For Corporate Officers In Plea Agreements

Last Friday, Bill Baer, Assistant Attorney General for the Department of Justice’s Antitrust Division, announced that the Division will no longer publicly name the executives excluded from immunity granted in corporate cartel...more

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