The top enforcers at the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) are sending strong signals that private equity (PE) firms are likely to be the next target in the Biden...more
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
Earlier this week, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) released the long-awaited 2023 Merger Guidelines. The final guidelines are the result of nearly two years of behind-the-scenes...more
The Federal Trade Commission and the Department of Justice Antitrust Division have proposed a massive redesign of the premerger notification process—one that may increase the time to complete an HSR filing from 37 to 144...more
The most recent effort by the Biden Administration to “modernize” antitrust policy and enforcement involves withdrawing decades of guidance for the health care industry. On February 2, 2023, the U.S. Department of Justice...more
The Hart-Scott-Rodino Act (“HSR”) requires that transactions over a certain value be reported to the Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division at least 30 days prior to closing. That...more
2/1/2023
/ Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
New Guidance ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
In yet another signal in support of the notion that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun,” on October 31 the Antitrust Division of the Department...more
11/7/2022
/ Anti-Competitive ,
Antitrust Division ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Guilty Pleas ,
Monopolization ,
Risk Management ,
Section 2 ,
Sherman Act ,
White Collar Crimes
On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more
11/3/2022
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Bright-Line Rule ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Interlocking Directorate ,
Section 8 ,
Sherman Act ,
Spinoffs ,
The Clayton Act
The two top federal antitrust enforcers, in contemporaneous interviews, recently highlighted a new target for antitrust enforcement for their respective agencies: private equity firms and their acquisition strategies....more
In the government’s ongoing efforts to increase antitrust enforcement, Assistant Attorney General (“AAG”) Jonathan Kanter, head of the Department of Justice’s Antitrust Division (“DOJ”), opened up another front for clients to...more
In March of this year, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more
In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more
5/10/2022
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Horizontal Mergers ,
Hospital Mergers ,
Merger Controls ,
Regulatory Agenda
In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more
5/10/2022
/ Agribusiness ,
Agricultural Land ,
Antitrust Provisions ,
Competition ,
Dairy Farmers ,
Department of Justice (DOJ) ,
Farms ,
Federal Trade Commission (FTC) ,
Food Supply ,
Meat Processing Plants ,
Merger Controls ,
Regulatory Agenda ,
Retail Market