Latest Publications

Share:

Proposed HSR Rules Upend M&A and Merger Control Review

On June 27, 2023, the Federal Trade Commission (FTC), in collaboration with the Department of Justice (DOJ) Antitrust Division, announced proposed changes to the Hart-Scott-Rodino (HSR) filing and notification form that...more

DOJ Continues “Vibrant Section 8 Enforcement” to Purge Companies of Potentially Anticompetitive Interlocking Directorates

In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...more

New HSR Act Size-of-Transaction Increasing to $111.4 Million; New HSR Act Filing Fees Going Into Effect Next Month

On January 26, 2023, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more

Merger Filing Fee Modernization Act of 2022 Introduces Changes to HSR Filing Fee Structure and New Foreign Subsidy Disclosure...

Tucked into the Consolidated Appropriations Act that President Biden signed in late December was the Merger Filing Fee Modernization Act of 2022 (Filing Fee Modernization Act). The Filing Fee Modernization Act makes...more

DOJ Commits to Enforcing Interlocking Directorate Compliance

The U.S. Department of Justice Antitrust Division (DOJ) recently announced the resignation of seven directors from five companies in the latest round of DOJ challenges to interlocking directorates....more

FTC Signals Intention to Move Forward to Adopt New Privacy Rules in the Absence of Federal Legislation

The Federal Trade Commission (FTC), on a split party vote on August 11, approved an Advanced Notice of Proposed Rulemaking (the Notice) that focuses on potential new rules and requirements that could apply to entities engaged...more

With a Full Slate of Commissioners, the FTC Is Poised to Tackle the Chair’s Ambitious Antitrust Enforcement Agenda

With the May 16, 2022, confirmation of Commissioner Alvaro Bedoya, the Federal Trade Commission finally has a 3–2 Democratic majority and can move forward with Chair Lina Khan’s ambitious agenda. The Commission majority...more

DOJ Antitrust Chief Previews Additional Antitrust Scrutiny for Interlocking Directorates

During the recent Spring 2022 Enforcers Summit, Department of Justice (DOJ) Antitrust Division chief, Assistant Attorney General for Antitrust Jonathan Kanter, announced that interlocking directorates will face increased...more

FTC and DOJ Seek Comment on Revisions to Merger Guidelines

Following guidance from the White House to the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) to modernize their merger guidelines, the FTC and DOJ announced on January 18,...more

FTC Publishes Revised HSR Thresholds for 2022

On January 24, 2022, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) in the Federal Register. The FTC revises...more

FTC and DOC Among Agencies to Advance Initiatives in Biden Administration’s ‘Supply Chain Action Plan’

On December 1, 2021, President Joseph Biden released a statement proclaiming that, despite widely reported supply chain problems, “the actions the administration has taken in partnership with business and labor, retailers and...more

FTC Revives Penalty Offense Authority to Issue Notices Concerning Endorsements and Money-Making Opportunities

In October 2021, the FTC sent three different Notices of Penalty Offenses to almost 2,000 companies, cautioning them against engaging in deceptive and unfair practices in the educational marketplace; endorsements,...more

DOJ’s Concerns on Board Appointments Are Reminder of Importance of Interlocking Directorate Compliance

The U.S. Department of Justice Antitrust Division (DOJ) recently announced that two top executives of a talent and media agency resigned their positions on the board of directors for a competing business. They did so after...more

Biden Administration Orders Increased Antitrust Scrutiny in Food and Agriculture Sectors

On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy (Order), a wide-ranging edict intended to promote competition in numerous sectors of the economy through 72 specific...more

Second Circuit Overturns FTC Ruling That Trademark Agreements Violated Section 5

At a time when antitrust enforcers, federal legislators and courts are heavily focused on technology platforms and digital advertisers like Google and Facebook, on June 11, 2021, the Second Circuit vacated an administrative...more

Antitrust Division Signals Increased Enforcement in Agricultural Sector, Requiring Divestitures in Grain Elevator Transaction to...

While campaigning in 2020, President Biden broadcast his concern about increased market concentration in American agribusiness. To address perceived “monopolistic markets,” he promised to “protect small and medium-sized...more

Supreme Court Rules That the FTC Cannot Use Section 13(b) to Secure Monetary Relief

Since the 1970s, the Federal Trade Commission has used its authority under Section 13(b) of the FTC Act to secure consumer redress for frauds and scams perpetrated on consumers. On April 22, 2021, the U.S. Supreme Court, in...more

FTC and DOJ Suspend Early Termination Option for Hart-Scott-Rodino Filings; FTC Decreases Thresholds for Interlocking Directorates...

The Federal Trade Commission (FTC) announced a new temporary suspension of grants of early termination for Hart-Scott-Rodino (HSR) waiting periods, effective February 4, 2021, while the FTC and the Department of Justice...more

FTC Publishes Decreased Hart-Scott-Rodino Thresholds for 2021

On February 2, 2021, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) in the Federal Register. The revised thresholds,...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide