Recent enforcement actions and media coverage have increased scrutiny on director interlocks under the Clayton Act, which prohibits individuals serving at the same time as directors or officers of companies that compete....more
8/1/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Board of Directors ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Popular ,
Private Equity ,
Privately Held Corporations ,
Publicly-Traded Companies ,
The Clayton Act ,
Threshold Requirements
Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more
3/24/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
Healthcare ,
Horizontal Merger Guidelines ,
Likelihood of Harm ,
Mergers ,
Private Equity ,
Technology Sector
On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more
1/20/2025
/ Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Elon Musk ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interlocking Directorate ,
Microsoft ,
Section 8 ,
The Clayton Act
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more
1/15/2025
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Jurisdictional Thresholds ,
Mergers ,
Pre-Merger Filing Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The Federal Trade Commission (“FTC”) sent a firm message—unlawful coordination of merging businesses prior to the closing under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act will be aggressively enforced. On...more
Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more
On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger...more
With one day for Congress to enact appropriations funding federal government operations, the Federal Trade Commission and Department of Justice, Antitrust Division (the “Agencies”) each issued a contingency plan (the “Plans”)...more
On June 27, 2023 the Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, (together, the “Agencies”) announced proposed amendments to the premerger notification rules that...more
7/3/2023
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Proposed Amendments
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more
2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more
6/23/2021
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Big Tech ,
Burden of Proof ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Mergers ,
Monopolization ,
Proposed Legislation ,
Rebuttable Presumptions ,
Section 7 ,
Technology Sector ,
The Clayton Act
Welcome to this first edition of BCLP’S Competition Collective: Antitrust, Foreign Investment and Trade Insights from around the world. This period was marked by uncertainty – and the harsh realities of the pandemic for many...more
5/27/2021
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Provisions ,
Biden Administration ,
Cartels ,
Competition ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Digital Services ,
Enforcement Actions ,
EU ,
Health Care Providers ,
Healthcare Facilities ,
Merger Controls ,
Mergers ,
Sports ,
Technology Sector ,
Trade Agreements ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
Today, the U.S. antitrust agencies announced a temporary suspension of the long-time practice of granting “early termination” of required premerger waiting periods under the Hart-Scott-Rodino Antitrust Improvements Act (the...more
In a direction consistent with 2020, the filing thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) will decrease. Following statutory amendments made in 2000, the thresholds are...more
Parties to transactions requiring review by the Committee on Foreign Investment in the United States (“CFIUS”) and/or the United States Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”)...more
Early attention to the antitrust considerations of a given transaction can go a long way towards promoting the chances of timely or even early clearance of a transaction.
As an initial matter, parties should focus their...more
3/14/2018
/ Acquisitions ,
Advertising ,
Airlines ,
Antitrust Provisions ,
Competition Authorities ,
Contract Terms ,
EU ,
Federal Trade Commission (FTC) ,
Franchises ,
Hart-Scott-Rodino Act ,
Internet Retailers ,
Mergers ,
Premerger Notifications ,
Resale Pricing ,
Warning Letters
Last week the Federal Trade Commission published its annual revision of the interlocking directorates thresholds under Section 8 of the Clayton Act. The new thresholds are effective today, January 26, 2017....more