High-tech antitrust enforcement is at the top of the Trump administration antitrust enforcement agenda, including challenges to mergers affecting technology platforms and the pharma and life sciences industries. Statements by...more
What’s on tap for 2018 M&A? A recap of 2017 trends and the Cooley outlook on this year’s dealmaking: -
Buying Innovation: Retention and Non-Competes. For both old-line companies and tech giants, innovation is the name of...more
2/9/2018
/ Acquisitions ,
Appraisal ,
Appraisal Rights ,
CFIUS ,
Department of Justice (DOJ) ,
Hart-Scott-Rodino Act ,
Innovation ,
Life Sciences ,
Mergers ,
Size of Persons Test ,
Size of Transaction Test
1. Trump’s appointments set the antitrust agenda for 2018 -
Almost a year into the Trump Administration, leadership at the Department of Justice Antitrust Division is now set. The Senate confirmed Makan Delrahim as...more
1/25/2018
/ Antitrust Division ,
Cartels ,
Corporate Counsel ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
IP License ,
No-Poaching ,
Ohio v American Express ,
Popular ,
Price-Fixing ,
Trump Administration ,
Vertical Mergers ,
Wage-Fixing
Leadership at the top of the Department of Justice Antitrust Division and Federal Trade Commission appears to be set – nine months into the Trump Administration – with the confirmation of Makan Delrahim as Assistant Attorney...more
The DOJ's investigation into price fixing and bid rigging in the automotive parts industry has yielded another conviction, but not one for violation of the antitrust laws. Instead, a company executive recently pleaded guilty...more
On January 19, 2017, the Federal Trade Commission announced its annual revisions to the Hart-Scott-Rodino Act ("HSR") jurisdictional thresholds, increasing key thresholds approximately 3.3% to reflect changes in the gross...more
1/25/2017
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Reporting Requirements ,
The Clayton Act ,
Threshold Requirements ,
Voting Securities
1. Transition to a Trump Administration is top of the agenda -
President-elect Donald Trump's DOJ and FTC transition team appointments and public short list of candidates to run the agencies indicate that antitrust...more
1/12/2017
/ Antitrust Division ,
Big Data ,
CFIUS ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Hiring & Firing ,
Human Resources Professionals ,
Mergers ,
Pharmaceutical Industry ,
Trump Administration ,
UK Competition and Markets Authority (CMA) ,
Wage-Fixing
Obama Administration antitrust enforcers have faced criticism over the last year for not being sufficiently aggressive, allegedly leading to concentrated industries to the detriment of consumers. The Department of Justice and...more
The Antitrust Division of the Department of Justice (DOJ) and Federal Trade Commission (FTC) are seeking public comment on a proposed update to the agencies' Antitrust Guidelines for the Licensing of Intellectual...more
The Department of Justice Antitrust Division announced on July 12 that ValueAct Capital agreed to pay a record $11 million civil penalty to settle claims that ValueAct purchased over $2.5 billion in Halliburton and Baker...more
Failure to comply with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act") is about to get a lot more expensive.
Effective August 1, 2016, the maximum civil penalty for noncompliance with the premerger...more
Filing thresholds under the Hart-Scott-Rodino (HSR) Act will increase by about 2.5%, effective February 25, 2016, raising the level that a transaction's value must exceed to trigger a filing from $76.3 million to $78.2...more
Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the DOJ and FTC – even if a Democrat wins – that will drive the...more
1/12/2016
/ China ,
Corporate Counsel ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Disgorgement ,
Drug Pricing ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
FRAND ,
Mergers ,
MOFCOM ,
Patent Assertion Entities ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Price-Fixing ,
Standard Essential Patents ,
Technology Sector
While acquisitions of up to 10% of the voting interest in a target that are made "solely for the purpose of investment" are in many circumstances exempt from Hart-Scott-Rodino (HSR) reporting requirements, even when the value...more
8/27/2015
/ Acquisitions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investment Portfolios ,
Premerger Notifications ,
Reporting Requirements ,
Size of Transaction Test ,
Threshold Requirements ,
Voting Securities ,
Yahoo!