The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more
8/7/2024
/ Abandonment ,
Consent Decrees ,
EU ,
EUMR ,
European Commission ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Securities and Exchange Commission (SEC) ,
Settlement ,
The Clayton Act
Only 12 significant merger investigations concluded in 2023—a drop of 40 percent from just last year and by far the lowest in DAMITT history. This observed and verifiable drop sharply contrasts with recent reports that...more
Tracking the economy’s continued growth and the resulting increase in GNP, the HSR filing thresholds increased by about 7.3 percent.
The new minimum size-of-transaction threshold increased from US$111.4 million to...more
Dechert’s antitrust group submitted comments today to U.S. antitrust agencies on their proposed top-to-bottom overhaul of premerger antitrust filings made under the Hart-Scott-Rodino (HSR) Act. The Federal Trade Commission...more
The recent proposal would require significantly more information to be provided up front to the U.S. antitrust agencies.
The new rules will likely take effect in Q4 2023 or Q1 2024....more
7/6/2023
/ Antitrust Division ,
Certifications ,
Competition ,
Data Collection ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
NAICS ,
Premerger Notifications
Following a robust growth in GNP, the HSR filings thresholds increased by about 10.3 percent.
The new minimum size-of-transaction threshold increased from US$101.0 million to US$111.4 million....more
Key Facts -
United States -
• Only three significant merger investigations concluded in Q3 2022. All three investigations ended with a complaint or an abandoned transaction. For the first time in more than a decade,...more
In both our DAMITT 2021 Report and our Q1 2022 Report, we warned that parties to transactions subject to significant merger investigations were more likely to see the FTC or DOJ sue to block their deal or push them to abandon...more
7/26/2022
/ Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Enforcement Statistics ,
EU ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Hart-Scott-Rodino Act ,
Investment Opportunities ,
Merger Controls
In the U.S., “significant” merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions for which the result of the investigation by the Federal Trade Commission (FTC) or the Antitrust Division of the...more
4/21/2022
/ Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Settlement Agreements
On January 21, 2022, the U.S. Federal Trade Commission (“FTC”) announced that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will be raised about 9.7% percent from the...more
On December 22, 2021, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced that they had entered into settlements with Clarence L. Werner and Biglari Holdings Inc. (Biglari)...more
12/28/2021
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Failure-to-File ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Fines ,
Hart-Scott-Rodino Act ,
Investment ,
Regulatory Requirements ,
Regulatory Violations ,
Settlement Agreements ,
Voting Securities
Key Takeaways The Federal Trade Commission (FTC), with the support of the Antitrust Division of the U.S. Department of Justice (DOJ), has announced that it is temporarily suspending the grant of Early Termination of the...more