This year’s M&A Report offers a detailed review of the M&A market and outlook, including a breakdown by various geographies and industry sectors. We examine what might be in store with antitrust and CFIUS under the Trump...more
2/13/2025
/ Acquisitions ,
Antitrust Provisions ,
CFIUS ,
Cross-Border Transactions ,
Defense Strategies ,
Financial Services Industry ,
Information Reports ,
Initial Public Offering (IPO) ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Premerger Notifications ,
Private Equity ,
Purchase Price ,
Purchase Price Adjustment ,
Venture Capital
With every change in administration, businesses and practitioners wonder what the new administration will mean for antitrust enforcement in the United States. Speculation was at fever pitch four years ago, after Democratic...more
2/13/2025
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Trump Administration
Active until its final day in office, the Biden administration focused intently on antitrust compliance programs. Most recently, antitrust enforcers made significant policy changes to their approach to evaluating corporate...more
1/24/2025
/ Algorithms ,
Antitrust Violations ,
Artificial Intelligence ,
Biden Administration ,
Civil Liability ,
Competition ,
Corporate Culture ,
Data-Sharing ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Hart-Scott-Rodino Act ,
Information Sharing ,
Labor Reform ,
Trump Administration
On January 10, 2025, the Federal Trade Commission (FTC) announced adjusted thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Effective 30 days after the official publication date of the adjusted...more
1/16/2025
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Jurisdictional Thresholds ,
Mergers ,
Regulatory Requirements ,
Reporting Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
In an eagerly awaited decision, United States District Judge for the Northern District of Texas Ada Brown issued yesterday a nationwide injunction striking down the Federal Trade Commission’s Noncompete Clause Rule,...more
California Assistant Attorney General (AAG) Paula Blizzard recently announced that the California Attorney General’s Office (AGO) intends to “reinvigorat[e] criminal prosecutions” under California’s Cartwright Act, Cal. Bus....more
6/25/2024
/ Antitrust Conspiracies ,
Antitrust Investigations ,
Bid Rigging ,
Boycotts ,
Business & Professions Code ,
Cartwright Act ,
Criminal Prosecution ,
Enforcement Priorities ,
Price-Fixing ,
Restraint of Trade ,
Sherman Act ,
State Attorneys General
On April 23, 2024, the Federal Trade Commission (FTC), in a highly anticipated vote, passed the Non-Compete Clause Rule, 16 CFR § 910 (the Rule), which purports to bar all non-competes in the United States, subject to limited...more
4/26/2024
/ Chamber of Commerce ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
On January 22, 2024, the Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Effective 30 days after the official publication date in the Federal...more
The Department of Justice Antitrust Division (DOJ) recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry. These policy statements...more
On January 23, 2023, the Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Effective on February 27, 2023, the lowest size-of-transaction filing...more
2/3/2023
/ Acquisitions ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act of 2023 (the Act), which changes the fee structure for transactions that are notified under the Hart-Scott-Rodino Antitrust...more
1/9/2023
/ Antitrust Provisions ,
China ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Russia ,
Size of Transaction Test ,
Threshold Requirements
In an August 3 blog post, the Federal Trade Commission (FTC) announced a change to the FTC’s merger review process with potentially far-reaching effects. Emphasizing the agency’s constrained capacity resulting from a “tidal...more
8/17/2021
/ Antitrust Division ,
Antitrust Investigations ,
Antitrust Provisions ,
Biden Administration ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Strategic Enforcement Plan ,
Threshold Requirements ,
Warning Letters
On February 2, 2021, the Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Effective March 4, 2021, the lowest size-of-transaction filing threshold...more
On January 28, 2020, the Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Parties to transactions that close on or after February 27, 2020 are subject...more
2/6/2020
/ Acquisitions ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements