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Congress Ramping Up the Pressure on Antitrust Investigations

Many organizations evaluate antitrust risk by considering potential investigation by the U.S. Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) or private action. However, firms should also consider that...more

A New Era for Merger Filings: Final HSR Rule Imposes More Burden (But Far Less than Previously Proposed Rule)

On October 10, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued the Final Rule amending the Premerger Notification Rules and propounding new Hart-Scott-Rodino (“HSR”) filing forms...more

FTC Loss in Hospital Merger Shows Failing Firm Defense is Alive and Well

While finding this to be the “rare case” where a hospital’s imminent failure justified its acquisition by a competitor, Judge Kenneth Bell denied the Federal Trade Commission’s motion for a preliminary injunction to enjoin...more

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