The Federal Trade Commission (FTC) has been busy scrutinizing patent listings in the Food and Drug Administration’s (FDA) publication of “Approved Drug Products with Therapeutic Equivalence Evaluations,” commonly known as the...more
5/13/2024
/ Competition ,
Federal Trade Commission (FTC) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
FTC Act ,
Generic Drugs ,
Healthcare ,
Life Sciences ,
Orange Book ,
Patents ,
Pharmaceutical Patents ,
Section 5
The Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) are soliciting public comments on the root causes of and potential solutions to drug shortages. The request for information (RFI)...more
The 2024 adjusted HSR threshold is $119.5 million and goes into effect on March 6, 2024. All transactions valued below that amount will be exempt from the HSR filing requirement.
The 2024 adjusted Size of Party thresholds...more
2/6/2024
/ Acquisitions ,
Antitrust Division ,
Civil Monetary Penalty ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
In recent years, the FTC has increasingly focused on protecting consumers’ access to healthcare, through both its competition and its consumer protection missions. Similarly, the FTC has become a force in federal privacy...more
On January 23, 2023, the Federal Trade Commission (FTC) announced its annual adjustment of the jurisdictional thresholds for pre-merger notification filings under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976 (HSR...more
1/25/2023
/ Acquisitions ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Inflation Reduction Act (IRA) ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
Transactions involving private equity should expect to face antitrust concerns from the DOJ that go beyond the question of how many competitors will remain afterwards, even if the transactions do not trigger an HSR filing....more
As we think about what 2022 may hold with regard to privacy and data security regulation by the Federal Trade Commission (FTC), we should first look back at some of the developments from last year that set the stage for this...more
On January 24, 2022, the Federal Trade Commission (FTC) announced its annual adjustment of the jurisdictional thresholds for pre-merger notification filings under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976 (HSR...more
1/28/2022
/ Acquisitions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
The Federal Trade Commission has finalized amendments to the Standards for Safeguarding Customer Information (“Safeguards Rule”), specific to defined financial institutions, designed to strengthen security for consumer...more
President Biden has finally nominated Jonathan Kanter as the next Assistant Attorney General for the DOJ’s Antitrust Division. The White House called Kanter “a leading advocate and expert in the effort to promote strong and...more
An Explanation of Why Two Directors Resigned from the Live Nation Board of Directors to Resolve Antitrust Concerns -
Every year as part of the update of various regulatory thresholds, including the much more closely...more
June 17, 2021 The Federal Trade Commission has a full complement of commissioners and a new Chair. Hours after Lina Khan was confirmed by the Senate as the newest member of the FTC, President Biden appointed her the permanent...more
Senators Amy Klobuchar (D-MN) and Ted Cruz (R-TX) do not agree on much, but they agree on one thing. The government filing fees on mergers, which have not been updated since 2001, need to be updated and large transactions...more
On February 1, 2021, the Federal Trade Commission (FTC) announced its annual adjustment of the jurisdictional thresholds for pre-merger notification filings under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976 (HSR...more
As expected, on Tuesday, January 19, 2021, Makan Delrahim, the Assistant Attorney General (AAG) for the Antitrust Division of the U.S. Department of Justice (DOJ), stepped down and Joseph Simons, the Chairman of the Federal...more
Editors’ Note: This is the fourth in our fifth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Read our previous posts on Energy, Cannabis, and the GDPR.
As the...more
Updated from the November 9, 2020 Alert -
UPDATE: The Notice of Proposed Rulemaking (NPRM) and Advanced Notice of Public Rulemaking (ANPRM) were published on December 1, 2020. Comments on the NPRM and the ANPRM must be...more
Starting this week, the Federal Trade Commission (FTC) will host three public Question and Answer sessions as part of its ongoing HSR Rulemaking initiative. The Q&A sessions will address the sweeping changes to the...more
On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division released a revised Merger Remedies Manual. This revised manual is the culmination of a review by the Antitrust Division of its entire approach to...more
9/24/2020
/ Antitrust Division ,
Buyers ,
Department of Justice (DOJ) ,
Divestiture ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Remedies ,
Mergers ,
New Guidance ,
Private Equity ,
Vertical Mergers
On July 8, 2020, Federal Trade Commissioner Rohit Chopra released a statement criticizing the practice of “roll-up transactions” involving multiple non-reportable transactions, especially with regards to acquisitions of...more
In response to the COVID-19 pandemic, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have changed two of their review processes. Earlier this week, the FTC and DOJ issued a joint...more
On January 28, 2020, the Federal Trade Commission (FTC) announced its annual increase of the jurisdictional thresholds for pre-merger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR...more