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Federal Trade Commission (FTC) Antitrust Provisions Corporate Sales Transactions

Seyfarth Shaw LLP

Federal Trade Commission Antitrust Roundup: Trump Administration Off to An Aggressive Start

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Last week, on April 10, 2025, the U.S. Senate confirmed Mark Meador as the FTC’s third Republican commissioner.  Meador joins Chairman Ferguson and Commissioner Melissa Holyoak on what is now a three commissioner panel (all...more

Troutman Pepper Locke

Policies in Focus: Opportunities and Challenges Expected for M&A and VC in 2025

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The only constant in Washington, D.C., is that power will periodically shift from one party to another, and back again. As a new administration and Congress begin to chart a course on a wide range of policies, it is important...more

Katten Muchin Rosenman LLP

Kroger/Albertsons Ruling Provides Lessons for Merger Remedy Divestitures

On December 10, a federal court in Oregon issued a preliminary injunction against Kroger's proposed $24.6 billion acquisition of Albertsons, which would have been the largest supermarket merger in US history (Albertsons...more

Wilson Sonsini Goodrich & Rosati

Seeing Double: Kroger/Albertsons Merger Blocked by Federal and State Courts

In parallel, same-day rulings, a federal and state court blocked The Kroger Company’s $24.6 billion proposed acquisition of the Albertsons Companies, Inc., relying on traditional antitrust analysis and evidence of...more

Polsinelli

The Last Hurrah: Lina Khan and the FTC’s Final Push for Substantive Antitrust Policy and Enforcement Changes

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December has been a busy and banner month for the Federal Trade Commission (FTC). Following its successful suit to block the proposed Kroger-Albertsons merger, the FTC issued two significant announcements: (1) the withdrawal...more

Troutman Pepper Locke

Two Courts Block Kroger-Albertsons Merger

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Within hours of each other, an Oregon federal district court followed by a Washington state court enjoined the $24.6 billion merger of the Kroger and Albertsons grocery chains. The Oregon court adopted the controversial 2023...more

Seyfarth Shaw LLP

Seyfarth Post-Election Pulse Antitrust In The Second Trump Administration: The Chicago School Strikes Back

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Traditionally, Republican administrations have favored deregulation and a more lenient approach to antitrust enforcement that is grounded in economics over policy preferences. This environment often leads to an increase in...more

Seyfarth Shaw LLP

New Rules for HSR Premerger Notification Filings Take Effect February 10, 2025

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On November 12, 2024, the final rule issued by the Federal Trade Commission (FTC) amending premerger notification requirements under the Hart-Scott-Rodino (HSR) Antitrust Act was published in the Federal Register. The HSR Act...more

Akin Gump Strauss Hauer & Feld LLP

New HSR Requirements Will Dramatically Increase the Burden on Filers

The long-awaited new HSR rules have finally been released. On October 10, 2024, the Federal Trade Commission (FTC), with concurrence of the Department of Justice (DOJ) (collectively, the Agencies), released the 460-page final...more

Troutman Pepper Locke

FTC Wins Preliminary Injunction of "Accessible Luxury" Handbag Transaction

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A New York federal court’s recent decision to enjoin the merger of two fashion companies gave the Federal Trade Commission (FTC) and the 2023 Merger Guidelines a boost. Since the issuance of the draft merger guidelines in...more

Akerman LLP

FTC Finalizes Long-Awaited Final Rule With Significant Changes to HSR Act Filings

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1. Although the Final Rule includes less extensive changes than those originally proposed, these changes will significantly increase the cost and the time required to prepare filings....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

Troutman Pepper Locke

FTC Issues Final Rule Overhauling and Increasing the Burden of HSR Filings

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After what is described as “intense negotiations” among the commissioners, the Federal Trade Commission (FTC) has unanimously approved a substantial overhaul to the rules governing the documents and information that must be...more

Morrison & Foerster LLP

Don’t Jump the Gun: The US Department of Justice Issues Rare $3.5 Million Civil Penalty for Gun Jumping

On August 5, 2024, the U.S. Department of Justice (DOJ) filed a proposed settlement with Legends Hospitality Parent Holdings (“Legends”), a global venue services company, in connection with its proposed acquisition of ASM...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

Mayer Brown

Trends and Enforcement Priorities from the 2024 ABA Antitrust Spring Meeting

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Last week, a Mayer Brown team joined over 4,000 lawyers from around the globe—including top enforcers from the US Federal Trade Commission (“FTC”), Department of Justice (“DOJ”), and the European Union (“EU”)—to discuss new...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

Hinckley Allen

Revised Hart-Scott-Rodino Thresholds for 2024

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On January 22, 2024, the Federal Trade Commission (the “FTC”) announced revised statutory thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “Hart-Scott-Rodino Act” or “HSR”). These thresholds, which...more

Wyrick Robbins Yates & Ponton LLP

M&A in 2024: How to Prepare for HSR Filings in a Year of Antitrust Uncertainty

In June 2023, the Federal Trade Commission (“FTC”) issued a proposed rule that would dramatically change, and increase the burden of, Hart-Scott-Rodino Act (the “HSR Act”) pre-merger antitrust filings.  Many observers expect...more

Polsinelli

It’s That Time of Year: Announcement of the New Hart-Scott-Rodino Antitrust Filing Thresholds

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The Hart-Scott-Rodino Act (“HSR”) requires that transactions over a certain value be reported at least 30 days prior to closing to the Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ,”...more

Seyfarth Shaw LLP

FTC Announces Hart-Scott-Rodino Act Thresholds and Filing Fees for 2024

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Seyfarth Synopsis: On January 22, 2024, the Federal Trade Commission (FTC) announced that the 2024 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $111.4 million to...more

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