News & Analysis as of

Antitrust Investigations Hart-Scott-Rodino Act Department of Justice (DOJ)

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Will Take a Friendlier Approach to Mergers but Retain Biden-Era Guidelines and HSR Rules - The Trump...

The government’s new antitrust leaders have signaled a less skeptical stance on mergers but a continued focus on enforcement, especially in Big Tech and the health care and agriculture sectors....more

Lighthouse

How AI Can Streamline HSR Second Requests

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Summary: Second Requests, while challenging, are driving the adoption of cutting-edge AI technologies in legal document review. Discover how you can successfully utilize large language models (LLMs) and generative AI to...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

McDermott Will & Emery on

The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

WilmerHale

Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

WilmerHale on

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more

Brownstein Hyatt Farber Schreck

FTC Proposes ‘Comprehensive Redesign of the Premerger Notification Process’

This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

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Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 2

The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 1

The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading...more

HaystackID

A Hart-Scott-Rodino Act Transaction Update - February 2023

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Editor’s Note: 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...more

McDermott Will & Emery

DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged

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WHAT HAPPENED - During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement...more

Association of Certified E-Discovery...

[Webinar] The Dynamics of Antitrust Agency Investigations: A Second Request Update - October 14th, 12:00 pm - 1:00 pm ET

HSR Act-driven Second Request responses require an uncommon balance of understanding, expertise, and experience to successfully deliver certified compliant responses. Recent FTC and DOJ updates, coupled with the increasing...more

Mintz - Health Care Viewpoints

Commissioner Chopra Releases Statement on Private Equity Physician Practice Roll-Ups with FTC/DOJ HSR Annual Report

On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to...more

Sheppard Mullin Richter & Hampton LLP

Axon Sues FTC Over Use of Administrative Adjudication in Merger Investigations

On January 3, 2020, Axon Enterprises Inc. filed a complaint against the Federal Trade Commission in the United States District Court for the District of Arizona challenging the constitutionality of the FTC’s administrative...more

Wilson Sonsini Goodrich & Rosati

2018 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati (WSGR) is pleased to present its 2018 Antitrust Year in Review, which summarizes the most significant antitrust matters and developments of the past year. In this report, we examine the Trump...more

Jones Day

U.S. Antitrust Agencies Introduce Reforms to Speed Up Merger Reviews

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The Trump Administration leadership at the U.S. Department of Justice and Federal Trade Commission have announced reforms regarding merger reviews. This Jones Day White Paper reviews these reforms and their strategic...more

Jones Day

Antitrust Alert: First Successful Private Antitrust Merger Challenge Leads to Divestiture Order

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A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor's merger challenge. Although the decision is certain to be appealed, it may embolden...more

Skadden, Arps, Slate, Meagher & Flom LLP

Georgetown Law’s 12th Annual Global Antitrust Enforcement Symposium

On September 25, 2018, Georgetown University Law Center hosted the 12th Annual Global Antitrust Enforcement Symposium. The event, which was co-sponsored by Skadden, featured keynote addresses from leaders of competition...more

Latham & Watkins LLP

DOJ Files Unusual Suit to Unwind a Consummated Merger: 3 Lessons

Latham & Watkins LLP on

The suit of a merger that had already cleared HSR review serves as a reminder that parties should not assume clearance confers immunity from scrutiny. Update: On September 26, 2017, the US Department of Justice’s...more

A&O Shearman

DOJ’s Challenge of Parker-Clarcor: HSR Clearance Does Not Equal Safe From DOJ Challenge

A&O Shearman on

On September 26, the DOJ challenged Parker-Hannifin’s $4.3-billion consummated acquisition of Clarcor, serving as a reminder that receiving HSR clearance does not immunize transactions from being challenged, even after...more

McDermott Will & Emery

Inside M&A - August 2016

Recent Enforcement Trends in Divestiture Packages - The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more

Perkins Coie

Hart-Scott-Rodino 2014 Annual Report: Increase in Filings, Decrease in Second Requests and Implications for Executive Stock...

Perkins Coie on

The Hart-Scott-Rodino Annual Report Fiscal Year 2014, published by the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ), summarizes FTC and DOJ actions conducted under the Hart-Scott-Rodino Antitrust...more

McDermott Will & Emery

Has Antitrust Enforcement Been ‘Reinvigorated’ Under Obama?

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In the 2008 presidential election campaign, then-candidate Barack Obama promised to “reinvigorate” antitrust enforcement. Over the last few years, several observers have concluded that the Obama administration’s antitrust...more

King & Spalding

DOJ Fines Berkshire Hathaway $896,000 for Failure to Comply with Premerger Notification Requirements

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On August 20, 2014, Berkshire Hathaway Inc. (“Berkshire Hathaway”) settled with the Department of Justice, Antitrust Division (DOJ) and the Federal Trade Commission (FTC) for its failure to comply with the premerger...more

McDermott Will & Emery

FTC and DOJ Release FY 2013 HSR Annual Report

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On May 21, 2014, the Federal Trade Commission (FTC) and Department of Justice (DOJ) released the Hart-Scott-Rodino Annual Report covering Fiscal Year (FY) 2013 (October 1, 2012 – September 30, 2013). The report describes key...more

Troutman Pepper

DOJ, Antitrust Division Speaks Out On Non-Reportable Transactions

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On April 25, Deputy Assistant Attorney General of Civil Enforcement Leslie Overton gave a speech focused entirely on the Antitrust Division’s enforcement activities related to transactions that do not trigger a filing under...more

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