This new stance, however, does not signal unchecked dealmaking for transacting parties. The Federal Trade Commission (FTC) and Department of Justice (DOJ) are simultaneously emphasizing that robust, evidence-based enforcement...more
The Federal Trade Commission (FTC) has announced increases to the notification thresholds and premerger filing fees under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act, which requires premerger notification of...more
Democratic Commissioners Swung for the Fences, but FTC Settles for Unanimous Revisions, Still Increasing Burden on Filers -
On October 10, 2024, all five Federal Trade Commission (“FTC”) Commissioners, with concurrence...more
11/13/2024
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
New Rules ,
Pre-Merger Filing Requirements ,
Regulatory Agenda ,
Regulatory Requirements ,
Required Forms ,
Section 8 ,
The Clayton Act
The U.S. antitrust agencies are routinely on alert for violations of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), even in instances where there are no competitive or otherwise apparent antitrust...more
Enforcement strengthens with more complexity -
Globally, antitrust enforcement in 2024 is on track to repeat the themes of 2023. Expect continued use by the agencies of novel theories of antitrust harm and increasing...more
3/1/2024
/ Acquisitions ,
Antitrust Provisions ,
China ,
Competition Authorities ,
DCMA ,
Global Dealmaking ,
Merger Controls ,
Mergers ,
Technology Sector ,
Threshold Requirements ,
UK Competition and Markets Authority (CMA)
The FTC revises the jurisdictional and filing fee thresholds annually based on the change in gross national product. The FTC also revises filing fees annually based on changes to the consumer price index under Division GG of...more
1/25/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) recently issued the Hart-Scott-Rodino Annual Report for Fiscal Year 2022 (the Report). Covering the...more
On September 28, 2023, the Department of Justice (DOJ) launched a civil suit against a benchmarking service provider that signals a crack-down on benchmarking involving the exchange of competitively sensitive information. ...more
10/13/2023
/ Antitrust Division ,
Antitrust Provisions ,
Benchmarking ,
Competition ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Information Sharing ,
Sherman Act ,
Third-Party ,
Third-Party Service Provider
On July 19, 2023, the Federal Trade Commission and Department of Justice Antitrust Division announced sweeping changes to how they review deals. The agencies published new “Merger Guidelines” that identify the competition...more
7/24/2023
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Merger Agreements ,
Merger Controls ,
Regulatory Reform
As we look ahead to the second half of 2023, the outlook for M&A remains complex. In the six months to the end of June, global deal value stood at USD1.2 trillion, around one-third of last year’s annual total.
...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Vivian Cao, partner at Allen & Overy Lang Yue, is our editor this month....more
3/7/2023
/ Anti-Competitive ,
Antitrust Provisions ,
Bid Rigging ,
Competition ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Merger Controls ,
Popular ,
Resale Price Maintenance (RPM) ,
State Administration for Market Regulation (SAMR) ,
UK Competition and Markets Authority (CMA)
The Consolidated Appropriations Act of 2023 includes significant changes affecting large M&A transactions and deals involving certain foreign entities. The Act would also give state attorneys general additional control over...more
Policy change expands the Agency’s oversight under Section 5 of the FTC Act and abandons the application of the “Rule of Reason.”...more
This webinar will discuss global antitrust enforcers’ approach to regulating competitive conduct and agreements, particularly those in the tech sector where we are seeing a revolution in antitrust policy.
We will bring a...more
The DOJ Antitrust Division is amplifying the Biden Administration’s whole-of-government approach to antitrust enforcement by seeking cooperation from enforcers outside the U.S....more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Noah Brumfield, partner based in Washington, D.C. and Silicon Valley, is our editor this month (learn more about Noah...more