News & Analysis as of

Acquisition Agreements Competition Hart-Scott-Rodino Act

Jones Day

FTC Imposes Record Fine on Texas Energy Companies for HSR "Gun Jumping"

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During antitrust review between M&A signing and closing, HSR rules restrict an acquiror from beginning to control the target's business....more

Seyfarth Shaw LLP

FTC Announces 2025 Hart-Scott-Rodino Act Thresholds and Filing Fees

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On January 10, 2025, the Federal Trade Commission (FTC) announced the 2025 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $119.5 million to $126.4 million. Deals that...more

Jones Day

Increases to U.S. Merger Notification Thresholds Announced

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Annual revisions to U.S. merger notification thresholds and increased filing fees are expected to take effect in February 2025. Interlocking Directorates thresholds also increase....more

Troutman Pepper Locke

FTC Announces Annual Changes to the HSR Act's Notification Thresholds

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The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions that meet or exceed...more

Troutman Pepper Locke

FTC Secures Record Gun-Jumping Settlement in Energy Transaction

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The Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ) announced a record-setting $5.6 million gun-jumping fine related to Verdun Oil Company II LLC’s acquisition of EP Energy LLC. Although...more

Ballard Spahr LLP

Record $5.6 Million Penalty for 'Gun-Jumping' Violation

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The Federal Trade Commission (FTC) announced a record $5.6 million civil penalty to settle allegations that three crude oil producers engaged in “gun-jumping” activities that violated the Hart-Scott-Rodino (HSR) Act....more

Jones Day

Antitrust/M&A - Year-in-Review 2024

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2024 was a significant year for merger enforcement worldwide. In the United States, the Biden administration continued the aggressive approach reflected in the revamped Merger Guidelines issued in December 2023. In Europe,...more

Nelson Mullins Riley & Scarborough LLP

New HSR Process Rules by FTC: What Sellers Should Know

As we reported on Oct. 11, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced the final HSR (Hart-Scott-Rodino Antitrust Improvements Act of 1976) rules and form changes on Oct. 10.  While the “new”...more

Jones Day

DOJ and FTC Release Final Rule Expanding HSR Premerger Filing Requirements

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The Federal Trade Commission ("FTC") unanimously issued a final rule expanding the requirements of premerger filings under the Hart-Scott-Rodino Antitrust Improvements ("HSR") Act of 1976. The HSR Act requires parties to...more

Ballard Spahr LLP

FTC Finalizes Comprehensive Overhaul of Premerger Notification Requirements

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The Federal Trade Commission (FTC) finalized a comprehensive overhaul of the premerger notification program. Firms considering a merger or acquisition that meets the filing thresholds should prepare for a more onerous...more

Stinson LLP

DOJ and FTC’s Aggressive Antitrust Enforcement Agenda Set to Continue

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There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward: New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more

Cornerstone Research

2023 Merger Guidelines Addressing Potential Impacts on Workers

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In this article from The Threshold, the authors recap a panel on theories of labor harm in mergers, sponsored by the Mergers and Acquisitions Committee of the American Bar Association Section of Antitrust Law....more

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

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Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Cornerstone Research

Trends in Merger Investigations and Enforcement at the U.S. Antitrust Agencies: Fiscal Years 2005-2022

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In fiscal year 2022, merger transactions and second requests decreased from the prior year....more

A&O Shearman

New merger guidelines greatly rewrite the framework for reviewing M&A transactions

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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

A&O Shearman

EU Foreign Subsidies Regulation takes effect with procedural rules clarified

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Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more

HaystackID

Spring has Sprung? A Hart-Scott-Rodino Act Transaction Update (March FY 2023)

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The Hart Scott Rodino Act (HSR Act) is a federal law that requires companies planning to merge or acquire certain assets or voting securities to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ)...more

Proskauer Rose LLP

How to Navigate the Coming Antitrust Policy Tests

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2021 will be remembered in antitrust law. Not since the 1970s has there been so much chatter over the fundamental purposes of antitrust policy, or such potential for actual sea change. Originally published in Law360 -...more

Robinson & Cole LLP

FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets

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Effective October 25, 2021, the Federal Trade Commission (FTC) has adopted a new policy providing increased scrutiny of merger and acquisition activity for potential anti-competitive effects. The new policy applies to consent...more

Akerman LLP - Health Law Rx

Proposed Florida House Legislation Advances, Requiring Reporting to the State Proposed Hospital and Group Practice Acquisitions

A bill recently introduced in the Florida legislature (HB 1243) requires Florida hospitals and group physician practices contemplating mergers or acquisitions to provide advance notice of such transactions to the Florida...more

Proskauer Rose LLP

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

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In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

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