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FTC Announces 2025 Thresholds for Hart-Scott-Rodino Premerger Filings and Fees

On Jan. 10, 2025, the Federal Trade Commission (FTC) announced its annual adjustments to the premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and to the filing fee thresholds under the Merger Filing Fee...more

Indiana Becomes Latest State to Enact Mandatory Reporting of Healthcare Transactions

On March 13, 2024, Indiana Gov. Eric Holcomb signed into law Senate Bill No. 9, which requires Indiana healthcare entities and private equity firms to notify the Office of the Indiana Attorney General of qualifying...more

FTC Announces 2024 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 22, 2024, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and new filing fee thresholds under the Merger Filing Fee Modernization Act of 2022. The...more

FTC and DOJ Release Draft Updates to Horizontal and Vertical Merger Guidelines

On July 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released draft updates to their merger guidelines that reflect considerable shifts in how the DOJ and FTC review horizontal and...more

Federal Trade Commission and Department of Justice Propose Overhaul of HSR Form

On June 27, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that, if adopted, would significantly amend the rules and instructions governing the scope of information that must be submitted in a...more

Minnesota Also Adopts Mandatory Reporting of Healthcare Transactions; Illinois Poised to Follow

On May 26, 2023, Minnesota Gov. Tim Walz signed legislation requiring pre-close notification for qualifying healthcare transactions, making Minnesota the latest in a rapidly growing number of states with such requirements....more

New York to Implement Mandatory Reporting of Health Care Transactions

As 2023 legislative sessions wind down, many states are considering bills that would require pre-close review or approval of healthcare transactions by a state agency or attorney general’s office, including one that passed...more

DOJ Withdraws ‘Out of Date’ Antitrust Enforcement Guidance Relating to Healthcare Providers

On Feb. 3, 2023, the Department of Justice Antitrust Division (DOJ) announced that it has withdrawn what it considers to be “outdated” joint Federal Trade Commission (FTC) and DOJ guidance, including the 1996 Statements of...more

FTC Announces 2023 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 23, 2023, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act). Under the HSR Act, parties to mergers clearing certain thresholds generally must...more

New Spending Package Changes Merger Filing Fees, Bars Transferring State AG Antitrust Lawsuits

On Dec. 29, 2022, President Joe Biden signed a $1.7 trillion omnibus spending package, which includes two important changes to antitrust law. It revises merger filing fees, raising fees for some transactions and lowering fees...more

FTC Issues New Policy on “Unfair Methods of Competition,” Shunning Past Practice

On Nov. 10, 2022, the Federal Trade Commission (FTC) issued an expansive — and at times opaque — policy statement on its enforcement of the federal ban on “unfair methods of competition” under Section 5 of the FTC Act. This...more

Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk

Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more

DOJ Secures Guilty Plea in First Section 2 Prosecution in Decades

On Oct. 31, 2022, the U.S. Department of Justice Antitrust Division (DOJ) announced that it brought criminal attempted monopolization charges under Section 2 of the Sherman Act, resulting in a guilty plea. Section 2, which...more

DOJ Antitrust Division Adds Promptness Requirement to Leniency Program

On April 4, 2022, the U.S. Department of Justice’s Antitrust Division announced significant changes to its flagship leniency program. Largely unchanged since 1993, the leniency program allows any member of a cartel, whether...more

Seventh Circuit Stresses the Distinction Between Article III Standing and Antitrust Standing

Last week, the Court of Appeals for the Seventh Circuit issued an opinion clarifying the distinction between two distinct, but often closely related concepts: Article III standing and the more prudential doctrine known as...more

FTC Announces Lower Hart-Scott-Rodino Filing Thresholds for 2021

On Feb. 1, 2021, the Federal Trade Commission (FTC) announced it is publishing revised reporting thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). For the first time in...more

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