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Enforcement Hart-Scott-Rodino Act Acquisitions

Bass, Berry & Sims PLC

Washington Enacts “Mini-HSR” Law, Expanding State-Level Premerger Filing Requirements

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On April 4, Washington became the first state to adopt the Uniform Premerger Notification Act (Act) when Washington Governor Jay Inslee signed the bill into law. The new statute imposes state-level premerger filing...more

Vinson & Elkins LLP

2024 Chemicals & Energy Antitrust Report

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The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

Jenner & Block

Client Alert: FTC Announces 2025 HSR Thresholds

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On January 10, 2025, the United States Federal Trade Commission (FTC) approved new premerger notification thresholds and revised filing fees under the Hart-Scott-Rodino Act (HSR). These new thresholds will apply to all...more

Seward & Kissel LLP

Legal Trends in Middle Market M&A Deals

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As we close 2024, middle market M&A transactions, typically valued between $10 million and $500 million, have begun to show signs of finally rebounding from their peak in 2021.  As deal activity continues to ramp up, here are...more

Foley & Lardner LLP

FTC Finalizes Long-Awaited Rules that Will Substantially Increase the Scope and Detail of Premerger Antitrust Filings under...

Foley & Lardner LLP on

The FTC has finalized significant changes to the information and level of detail that will be required in premerger antitrust filings under the HSR Act. The new rules will take effect in early 2025. Among other changes,...more

Holland & Knight LLP

5 Key Antitrust Takeaways from Holland & Knight's Panel at Nashville Healthcare Sessions 2024

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2024 has been an eventful year for federal and state antitrust enforcement in healthcare with many in the industry wondering where do we go from here in 2025. Holland & Knight sponsored a breakout panel discussion at the...more

A&O Shearman

U.S. DOJ Seeks Rare USD3.5 million “Gun Jumping” Penalty For Alleged Pre-Closing Conduct In Violation Of Hart-Scott-Rodino Act

A&O Shearman on

On August 5, 2024, the United States Department of Justice filed a rare gun jumping civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against a global sports and...more

Mintz - Antitrust Viewpoints

FTC Hosts Panel and Launches Public Inquiry with DOJ and HHS on Private Equity and Health Care

As part of the Biden administration’s State of the Union blitz, the Federal Trade Commission (FTC) convened a workshop on private equity (PE) investments in the health care industry on March 5, 2024. Immediately prior to the...more

A&O Shearman

Antitrust in focus - January 2024

A&O Shearman on

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. He has selected: ...more

Dorsey & Whitney LLP

Increase in HSR Reporting Thresholds and Filing Fees; Other HSR Developments

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In January 2024, the Federal Trade Commission (FTC) made three important announcements for M&A practitioners....more

King & Spalding

FTC and DOJ Issue New Merger Guidelines

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On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

Sheppard Mullin Richter & Hampton LLP

The Wait is Over: DOJ and FTC Issue Final Merger Guidelines

On December 18, 2023, the Federal Trade Commission and Department of Justice (the “Agencies”) jointly issued Final Merger Guidelines, following a public comment period on the Proposed Merger Guidelines first issued in July....more

Skadden, Arps, Slate, Meagher & Flom LLP

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge

Key Points - - New draft merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm. - Proposed changes to HSR notification will make...more

Goodwin

Antitrust & Competition Life Sciences Quarterly Update - Q3 2023

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The FTC’s Amgen/Horizon Lawsuit Ends With a Whimper - We covered the FTC’s investigation into (and litigation challenging) Amgen’s $28.3 billion acquisition of rare disease specialist Horizon Therapeutics in our Q1 and...more

ArentFox Schiff

Most Significant Hart-Scott-Rodino (HSR) Changes in Decades Signal Rise in Antitrust Enforcement, and Need for Enhanced M&A...

ArentFox Schiff on

The Federal Trade Commission (FTC) recently announced revised jurisdictional and filing fee thresholds for the Hart-Scott-Rodino (HSR) Act. These include annual revisions to filing thresholds and a new six-tier filing fee...more

Mintz - Antitrust Viewpoints

In Divided 3-2 Vote, Federal Trade Commission Authorizes Three Omnibus Compulsory Process Resolutions

On August 26, 2022, the Federal Trade Commission (FTC) voted 3-2 to authorize two new omnibus resolutions permitting compulsory process and to revise a third, which was approved last year. These resolutions allow FTC staff to...more

Lighthouse

A Dynamic HSR Landscape Spells Uncertainty for Second Requests

Lighthouse on

A Second Request for a Hart-Scott-Rodino (HSR) filing thrusts companies and their counsel into a high-stakes race against time, complicated by massive data volumes and strict requirements. Policy and enforcement shifts by the...more

Association of Certified E-Discovery...

[Webinar] From Offer to Deal: HSR Second Request Best Practices - June 14th, 1:00 pm - 2:00 pm EDT

New technologies, regulatory shifts, and an evolving economic landscape are transforming the M&A process (again). According to the FTC, HSR filings in 2021 more than doubled from the previous year, reaching a total of 3,644. ...more

McDermott Will & Emery

Heard on Day One of 2022 Antitrust Law Spring Meeting

This week, the American Bar Association’s Antitrust Law Section kicked off its annual Spring Meeting in Washington, DC, which features updates from the antitrust enforcers and substantive discussions on today’s most pressing...more

Dorsey & Whitney LLP

New FTC Position on Debt and HSR Valuation

Dorsey & Whitney LLP on

On August 26, the Federal Trade Commission announced a new position on an important factor in determining whether a transaction must be reported under the Hart-Scott-Rodino Act: whether debt repayment at closing counts in...more

McDermott Will & Emery

Antitrust M&A Snapshot - August 2021 Q2

APRIL – JUNE 2021: HIGHLIGHTS - UNITED STATES - - The premerger notification landscape continues to shift as filings reach another record high, and the US Congress contemplates increases to filing fees and New York...more

TransPerfect Legal

The Effects of the 2020 Election on Antitrust Merger Clearance

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On October 20, 2020, TransPerfect Legal Solutions (TLS) hosted an inaugural conference on recent developments in antitrust clearance and merger enforcement proceedings. This article is the first of a three-part series...more

Perkins Coie

Acquisitions of Firms in Bankruptcy Are Subject to the Antitrust Laws

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The economic damage attendant to COVID-19 has already resulted in a substantial increase in bankruptcies. Acquisitions through U.S. bankruptcy courts are not exempt from challenge by government antitrust enforcers or private...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

Goodwin

Antitrust Enforcers At It Again: More HSR Actions Against Individuals Announced

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In a trend that is sure to continue no matter the policy leanings of the incoming Trump administration, the Federal Trade Commission (FTC) announced this week that it has obtained nearly $1 million in civil penalties for two...more

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