The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds – effective for deals closing on or after March 6, 2024 – and updated filing fee thresholds, effective...more
2/9/2024
/ Acquisitions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On December 18, 2023, the Department of Justice ("DOJ") and Federal Trade Commission ("FTC") published in final form the long-awaited 2023 Merger Guidelines. The final 2023 Merger Guidelines adopt—with some significant...more
The Proposed Merger Guidelines represent the DOJ's and the FTC's aggressive scrutiny of mergers. As one of the most important reflections of policy the Antitrust Agencies use to analyze transactions, the Proposed...more
If the proposed rule is finalized, merging parties will face expansive requirements for HSR filings and lengthy filing preparation times.
On June 27, 2023, the US Federal Trade Commission ("FTC"), with the concurrence of...more
The UK antitrust authority, the CMA, has recently published a guide for employers on how to avoid breaching UK antitrust law in labour markets. This publication signals the UK's intent to ratchet up antitrust scrutiny of...more
3/20/2023
/ Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Non-Compete Agreements ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds – effective for deals closing on or after February 27, 2023 – and the new HSR merger filing fees....more
1/27/2023
/ 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 ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Filing fees under the Hart-Scott-Rodino (HSR) Act have not been altered for 20 years, but that is about to change, and dramatically in 2023. President Biden is expected to sign into law the Consolidated Appropriations Act,...more
12/28/2022
/ Biden Administration ,
Consolidated Appropriations Act (CAA) ,
Corporate Counsel ,
Domestic Dealmaking ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Foreign Entities ,
Global Dealmaking ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Proposed Regulation
...Key Highlights -
According to WAMS data, US merger control filing activity has cooled off: H1 2022 merger filing activity is down 23 percent versus H1 2021. However, US HSR filings in H1 2022 are 47 percent above the...more
7/19/2022
/ Acquisitions ,
Austria ,
Brazil ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Germany ,
Merger Controls ,
Mergers
On January 21, 2022, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds.
The FTC is required by law to revise the jurisdictional thresholds annually,...more
The focus on using the antitrust laws to target labor markets has been gaining momentum for years, but the close of 2021 saw the trend hit overdrive with antitrust attacks on perceived harm to workers coming from all corners...more
1/11/2022
/ Antitrust Division ,
Classification ,
Collective Bargaining ,
Corporate Counsel ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Employees ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Indictments ,
Mergers ,
Misclassification ,
No-Poaching ,
Sherman Act ,
Vertical Mergers ,
Wage-Fixing
On October 25, 2021, a deeply divided FTC voted 3-2 to enact a major policy change relevant to every party involved in settling a merger investigation with the FTC. Earlier this year, the FTC signaled its intent to bring back...more
In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is...more
On Tuesday, August 3, 2021, the Federal Trade Commission announced a new approach for merger investigations that the FTC does not complete during the Hart-Scott-Rodino Act (HSR) waiting period—the FTC may advise merging...more
8/6/2021
/ Acquisitions ,
Antitrust Provisions ,
Buyers ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Sellers ,
Waiting Periods ,
Warning Letters
On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the...more
The new Executive Order includes 72 initiatives instructing more than a dozen federal agencies to consider adopting rules intended to enhance competition.
A new Executive Order signed by President Biden includes 72...more
For further information, please visit the White & Case Coronavirus Resource Center. The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") announced today that they are temporarily suspending any grants of...more
On February 1, 2021, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds.
The FTC is required by law to revise the jurisdictional thresholds...more
Competition regulators have shown their ability to act quickly and decisively in order to help allay the worst impacts of the coronavirus outbreak. Could these responses provide a template for achieving environmental and...more
9/22/2020
/ Collaboration ,
Competition ,
Competition Authorities ,
Consumers ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Environmental Policies ,
European Commission ,
Federal Trade Commission (FTC) ,
Germany ,
Grocery Stores ,
Health Care Providers ,
Netherlands ,
No-Action Letters ,
Operators of Essential Services ,
Public Safety ,
Sustainability ,
Treaty on the Functioning of the European Union (TFEU) ,
UK Competition and Markets Authority (CMA) ,
United Nations
On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical...more
4/23/2020
/ Absolute Immunity ,
Antitrust Division ,
Antitrust Provisions ,
Business Review Letters ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Medical Devices ,
Medical Research ,
Medical Supplies ,
No-Action Letters ,
Personal Protective Equipment ,
Pharmaceutical Industry ,
Prescription Drugs
This alert describes the surprisingly broad antitrust defense – against federal and state antitrust actions – that Congress created in Section 708 of the Defense Production Act of 1950.
Recent media attention on the...more
The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38; Clayton Act, 15 U.S.C. § 12-27; and...more
The COVID-19 outbreak has led to changes in how the US and other competition agencies around the world look at competitor collaborations. Despite these policy announcements, antitrust compliance is still a priority, and...more
3/27/2020
/ Antitrust Division ,
Antitrust Provisions ,
Collaboration ,
Competition ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
European Commission ,
European Competition Network (ECN) ,
Federal Trade Commission (FTC) ,
Joint Purchasing Programs ,
State of Emergency ,
Supply Chain
On January 28, 2020, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds....more
1/29/2020
/ Acquisitions ,
Antitrust Provisions ,
Business Valuations ,
Civil Monetary Penalty ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
On February 15, 2019, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds.
The FTC is required by law to revise the jurisdictional thresholds annually,...more