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HSR Final Rules and Forms Substantially Revised — Considerations Ahead of the Anticipated January Effective Date

When the Federal Trade Commission (FTC) — with the concurrence of the Antitrust Division of the Department of Justice (DOJ) — published the Notice of Proposed Rulemaking to revise the rules for premerger notification under...more

Antitrust Scrutiny of Private Equity in Health Care Intensifies

In recent years, federal and state antitrust agencies have been increasingly focused on the impact of private equity involvement in the health care sector. Two recent developments in March 2024 reinforce that this heightened...more

New HSR Act Size-of-Transaction Increasing to $119.5 Million; Filing Fee Increases Going Into Effect Soon

On January 22, 2024, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more

Final Merger Guidelines Will Result in Increased Scrutiny for M&A Deals

On December 18, 2023, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly announced the issuance of the final version of new Merger Guidelines, after publishing a draft in July 2023. We previously...more

DOJ and FTC Propose Dramatic Overhaul of Merger Guidelines

On July 19, 2023, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly announced anticipated changes to the Horizontal Merger Guidelines and Vertical Merger Guidelines. The proposed changes...more

FTC Joins DOJ in Withdrawing Health Care Antitrust Guidance

In February 2023, we issued an alert on the DOJ’s withdrawal of three antitrust policy statements related to the DOJ’s enforcement of health care markets and for health care providers. In that alert, we noted that although...more

Proposed HSR Rules Upend M&A and Merger Control Review

On June 27, 2023, the Federal Trade Commission (FTC), in collaboration with the Department of Justice (DOJ) Antitrust Division, announced proposed changes to the Hart-Scott-Rodino (HSR) filing and notification form that...more

DOJ Withdraws Health Care Antitrust Statements: What’s Next for the Health Care Industry?

On Friday, February 3, 2023, the Justice Department’s Antitrust Division formally withdrew three antitrust policy statements relating to the Division’s enforcement of the antitrust laws in health care markets and for health...more

FTC and DOJ Seek Comment on Revisions to Merger Guidelines

Following guidance from the White House to the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) to modernize their merger guidelines, the FTC and DOJ announced on January 18,...more

FTC Publishes Revised HSR Thresholds for 2022

On January 24, 2022, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) in the Federal Register. The FTC revises...more

FTC Publishes Decreased Hart-Scott-Rodino Thresholds for 2021

On February 2, 2021, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) in the Federal Register. The revised thresholds,...more

Hart-Scott-Rodino and Merger Control in the Time of COVID-19

COVID-19 (commonly known as the coronavirus) has now spread to the premerger antitrust review process for reportable proposed acquisitions, investments, joint ventures and nonprofit membership changes. ...more

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