The Federal Trade Commission (FTC) has announced new, higher, premerger Hart-Scott-Rodino (HSR) Act notification thresholds and higher filing fees for some transactions, which will take effect on February 21, 2025. The new...more
1/23/2025
/ Antitrust Provisions ,
Chamber of Commerce ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
On October 10, 2024, the Federal Trade Commission (FTC) released the final revised rules governing premerger notification filings under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act. The new HSR filing requirements...more
10/25/2024
/ Buyers ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Lead Supervisory Authority ,
Limited Liability Company (LLC) ,
NAICS ,
Portfolio Companies ,
Private Equity ,
Target Company ,
Waiting Periods
On March 5, the Federal Trade Commission (FTC), U.S. Department of Justice’s Antitrust Division (DOJ), and Department of Health and Human Services (HHS) jointly issued a Request for Information on Consolidation in Health Care...more
The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through...more
On July 19, the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) released the long-anticipated updated draft Merger Guidelines1 (the Guidelines) for a...more
Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the...more
The Federal Trade Commission (FTC) has announced new, higher premerger notification thresholds. The new minimum size-of-transaction threshold will be $111.4 million.
The FTC simultaneously announced implementation of the...more
Updated as of January 31, 2023-
The Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule...more
1/31/2023
/ Department of Justice (DOJ) ,
Employment Contract ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Highly Compensated Employees ,
Joe Biden ,
No-Poaching ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Wage-Fixing
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule would bar...more
On January 18, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ, and together with the FTC, Antitrust Agencies) announced that they are “seek[ing] public comment on how the...more
The Federal Trade Commission has announced new, nearly 10 percent higher premerger notification thresholds that will take effect February 23, 2022, and thus apply to transactions closing on or after that date. The new minimum...more
A federal judge recently dismissed the Federal Trade Commission's challenge of Illumina Inc.'s acquisition of Grail Inc., a cancer-screening firm started and spun off years earlier by Illumina itself.
A victory for the...more
The Federal Trade Commission has announced new, slightly lower premerger notification thresholds that will take effect March 4, 2021, and thus apply to transactions closing on or after that date. The new minimum...more
Within the past month, the Department of Justice Antitrust Division (the Division), in two separate matters, indicted a former owner of a health care staffing company for participating in a conspiracy to fix prices by...more
In the final weeks of 2020, opportunity knocked for Sazerac Company, Inc (Sazerac), Precept Brands LLC (Precept), and Vie-Del Company (Vie-Del) and each opened the door.
After a 20-month investigation that found E. & J....more
The Federal Trade Commission, by a 3-2 vote along party lines, has proposed for public comment two major changes to its Hart-Scott-Rodino (HSR) Act premerger notification rules. These changes would exempt from HSR filing some...more
The Federal Trade Commission (FTC) has reminded us that the “failing firm defense” is much harder to pull off than might be imagined, and that the antitrust agencies will closely analyze all “failing company” claims even...more
The Federal Trade Commission (FTC) Bureau of Competition issued a reminder yesterday, April 6, that it “must continue to analyze carefully the potential effects of proposed transactions and business conduct” and that it “will...more
On March 24, the U.S. Department of Justice Antitrust Division (the Antitrust Division) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued a joint statement detailing a new expedited process for review...more
4/2/2020
/ Antitrust Division ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Competition Network (ECN) ,
Federal Trade Commission (FTC) ,
State of Emergency
COVID-19 has impacted nearly every aspect of American life right now, and there are myriad legal issues companies are facing from the pandemic’s fallout. These include antitrust considerations, ranging from potentially...more
3/25/2020
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Electronic Filing ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Government Lockdown ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
State of Emergency