News & Analysis as of

Hart-Scott-Rodino Act Department of Justice (DOJ) Enforcement Actions

The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or... more +
The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or acquisitions must notify the Department of Justice and the Federal Trade Commission prior to completing the transaction. Once notified, the DOJ and FTC investigate and make a determination as to whether the proposed transaction will adversely impact U.S. commerce and competition within the market. less -
Fenwick & West LLP

Washington Becomes First State to Enact ‘Mini HSR’ Notification Requirement

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As of July 27, 2025, federal Hart-Scott-Rodino (HSR) Act filings will also need to be submitted to the Washington Attorney General (WA OAG) under Washington State’s Antitrust Premerger Notification Act (APNA) if the parties...more

Baker Botts L.L.P.

Antitrust Scrutiny of Investors Under a New Administration

Baker Botts L.L.P. on

Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different...more

Troutman Pepper Locke

DAAG Rinner Says Merger Enforcement to Combine ‘Fairness and Robust Enforcement’

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Deputy Assistant Attorney General (DAAG) Bill Rinner’s stated goal for his June 4 speech was to provide insight into how the Department of Justice, Antitrust Division, will “handle merger review to ensure procedural fairness...more

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

Frost Brown Todd

Antitrust Developments Update for April 2025

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In our last antitrust developments publication, we commented on the challenge to the new Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) final rule brought by the U.S. Chamber of Commerce and other parties in the...more

Jenner & Block

Premerger Enforcement Actions Highlight Importance of HSR Compliance

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Cases involving premerger enforcements under the Hart-Scott-Rodino (HSR) Act are relatively rare. So far in 2025, however, we have seen two such cases involving potentially record-breaking penalties. The timing is notable, as...more

Proskauer Rose LLP

Proskauer Hedge Fund Trading Guide Chapter 4: Stock Acquisitions: Key Requirements and Timing Considerations of Hart-Scott-Rodino

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Proskauer’s Practical Guide to the Regulation of Hedge Fund Trading Activities offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It...more

Goodwin

Antitrust and Competition Technology Year in Review 2024

Goodwin on

As we look back on 2024, one thing is clear: Antitrust enforcement in the technology sector continued at a steady pace, with global agencies showing no signs of relenting in their scrutiny of Big Tech companies....more

McDermott Will & Schulte

Antitrust Under Trump: Initial Policies and Actions

As the Trump administration’s approach to antitrust takes shape through political appointments, policy statements, speeches, and enforcement actions, our team is tracking new developments and will provide important updates on...more

A&O Shearman

Antitrust authorities on high alert for merger control violations

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Sanctions for procedural merger control infringements in 2024 did not meet the lofty heights of previous years. But merging parties should not be complacent. The number of infringement decisions increased. The U.S. and China...more

DLA Piper

Meet The Trump Administration’s New Antitrust Enforcers

DLA Piper on

With the new Trump Administration, antitrust enforcers at the US Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) are transferring leadership to the incoming appointees. FTC leadership...more

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Antitrust & Competition

The heightened focus on antitrust and competition issues that has defined dealmaking globally over the past few years looks set for readjustment since President Trump re-entered the White House. Under the Biden...more

Cooley LLP

Antitrust Scrutiny of Private Equity: On the Horizon or in the Rearview Mirror?

Cooley LLP on

What the final days of the Biden administration portend for private equity enforcement in Trump 2.0 - During the final days of the Biden administration, the Antitrust Division of the Department of Justice (DOJ) and the...more

McCarter & English, LLP

KKR Countersues DOJ for Confusing and Contradictory HSR Rules

Not every investment firm countersues the acting assistant attorney general of the United States for the Antitrust Division, the United States Department of Justice (Antitrust Division), the Federal Trade Commission (FTC),...more

WilmerHale

Antitrust and M&A: Is Everything Old New Again?

WilmerHale on

With every change in administration, businesses and practitioners wonder what the new administration will mean for antitrust enforcement in the United States. Speculation was at fever pitch four years ago, after Democratic...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust: Implications of Trump Executive Orders for Competition Enforcement

President Donald Trump’s early executive orders have not specifically called out antitrust enforcement, but several impact antitrust agencies and could influence antitrust policy and enforcement over the next four years. ...more

King & Spalding

What is the Future of Antitrust Enforcement Under Trump 2.0?

King & Spalding on

With the Trump 2.0 transition proceeding at breakneck pace, many are questioning how the new administration will approach antitrust policy and enforcement, and how much of the Biden Administration antitrust agenda will be...more

A&O Shearman

Antitrust in focus - January 2025

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U.S. antitrust agencies kick off 2025 with landmark merger control enforcement actions - The U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) have started the year with a bang by...more

Cooley LLP

Antitrust in 2025: Shifting Sands and What to Expect

Cooley LLP on

In the US, the election of Donald Trump for a second term has significant implications for antitrust enforcement at the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC). New...more

Cadwalader, Wickersham & Taft LLP

DOJ Allegations that KKR Systematically Failed to Comply With the HSR Act – Highlights Importance of DOJ Corporate Compliance...

The Department of Justice (“DOJ”) has alleged in a complaint filed in the Southern District of New York on January 14, 2025 that KKR & Co. Inc. and certain of its investment advisors and funds (collectively, “KKR”)...more

Sheppard Mullin Richter & Hampton LLP

2025 Top-of-Mind Issues for Life Sciences Companies

DTC Telehealth Platforms - Arrangements involving telemedicine and direct-to-consumer (“DTC”) business services are expected to be a source of major regulatory scrutiny. In 2024, such arrangements were the focus of proposed...more

Holland & Knight LLP

Less Is More? Implications of the DOJ's $650 million Action Against KKR & Co.

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A Look at How Future Disclosures Under the Hart-Scott-Rodino Act Could Be Affected - The U.S. Department of Justice (DOJ) on Jan. 14, 2025, brought an action in the U.S. District Court for the Southern District of New York...more

Holland & Knight LLP

A Year-End Report for Healthcare Antitrust and What to Expect Later in 2025

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As the year begins under a new Trump Administration, healthcare providers and private equity firms should consider the antitrust enforcement environment they are likely to face in 2025. This Holland & Knight report recaps...more

WilmerHale

Antitrust Compliance: What to Know for 2025

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Active until its final day in office, the Biden administration focused intently on antitrust compliance programs. Most recently, antitrust enforcers made significant policy changes to their approach to evaluating corporate...more

Foley & Lardner LLP

Hart-Scott-Rodino Reporting Threshold Increases by $6.9 Million

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The past two weeks have been quite busy in the world of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR). First, on January 7, 2025, the Federal Trade Commission (FTC) announced a record $5.6...more

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