Companies should prepare for increased regulatory scrutiny into healthcare transactions and increased emphasis on compliance programs.
The Federal Trade Commission (FTC), the Department of Justice (DOJ), and the...more
The Final Rule declares most non-competes an unfair method of competition, in violation of Section 5 of the FTC Act.
In its April 23, 2024, open meeting, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule...more
FTC adjusts the Hart-Scott-Rodino Act size thresholds, raising the minimum size for reportable acquisitions to $119.5 million.
On January 22, 2024, the Federal Trade Commission (FTC) announced new jurisdictional...more
Companies should take a proactive approach as US antitrust agencies continue to enforce Section 8 of the Clayton Act.
The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) Antitrust Division (the...more
9/26/2023
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Interlocking Directorate ,
Mergers ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
The Clayton Act
The draft guidelines for applying US antitrust laws to merger investigations depart from prior guidance and seek to roll back decades of legal precedent on merger enforcement.
Competitive effects analyses are out;...more
8/7/2023
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Vertical Mergers
The agencies’ proposed rulemaking would add significant complexity, substance, and time to US antitrust premerger notifications.
On June 27, 2023, the Federal Trade Commission (FTC) in collaboration with the US Department...more
7/5/2023
/ Antitrust Division ,
Comment Period ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
Notice Requirements ,
NPRM ,
Premerger Notifications ,
Proposed Amendments ,
Required Forms
Private plaintiffs and government enforcers are aggressively attempting to revive antitrust theories challenging manufacturers’ policies that impact consumers’ “right to repair.”
Manufacturers’ policies that impact how...more
FTC adjusts the Hart-Scott-Rodino Act size thresholds, raising the minimum size for reportable acquisitions to $111.4 million.
On January 23, 2023, the Federal Trade Commission (FTC) announced new jurisdictional thresholds...more
1/26/2023
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
FTC proposes a new rule that would ban non-competes in most situations; brings enforcement actions challenging non-competes as unfair methods of competition.
On January 5, 2023, the Federal Trade Commission (FTC) issued a...more
Congress passes the Merger Filing Fee Modernization Act of 2022, changing Hart-ScottRodino Act filing fees and adding disclosure requirements for certain foreign subsidies.
On December 23, 2022, as part of a broader...more
The guidance significantly expands the reach of Section 5 beyond the Sherman and Clayton Acts to encompass unfair methods of competition that constitute “incipient” violations of the antitrust laws or violate “the spirit” of...more
PE firms with non-competitor, majority-owned portfolio companies will face reduced risks of antitrust liability under Section 1 of the Sherman Act in the Eleventh Circuit.
On May 24, 2022, the United States Court of...more
FTC adjusts the Hart-Scott-Rodino Act size thresholds, raising the minimum size for reportable acquisitions to $101 million.
On January 21, 2022, the Federal Trade Commission (FTC) announced new jurisdictional thresholds...more
1/25/2022
/ Acquisitions ,
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 ,
The Clayton Act ,
Threshold Requirements
バイデン政権による競争法の執行強化により、過去の合併の見直しや、新たな報告義務の追 加、テクノロジー、ヘルスケア及び銀行分野など広い範囲の執行などの可能性が生じていま す。
ホワイトハウスは7月9日（金）、包括的な大統領令において独占禁止法上の優先項目を発表しました。 これはバイデン政権が特定した、過去40年間の独占禁止法運用の不備に対処するためのもので、7月12日...more
7/27/2021
/ Antitrust Division ,
Antitrust Provisions ,
Banking Sector ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Hospitals ,
Mergers ,
Pay-For-Delay ,
Technology Sector
Administration signals greater competition enforcement that could imperil past mergers, impose new reporting obligations, and broadly targets technology, healthcare, and banking sectors.
The White House announced its...more
7/14/2021
/ Antitrust Division ,
Antitrust Provisions ,
Banking Sector ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Hospitals ,
Mergers ,
Pay-For-Delay ,
Technology Sector
FTC adjusts the Hart-Scott-Rodino Act size thresholds, lowering the minimum size for reportable acquisitions to US$92 million.
On February 1, 2021, the Federal Trade Commission (FTC) announced new jurisdictional...more
FTC adjusts the Hart-Scott-Rodino Act size thresholds, raising the minimum size for reportable acquisitions to $94 million.
On January 28, 2020, the Federal Trade Commission (FTC) announced new jurisdictional thresholds...more
1/30/2020
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
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
Latest hearings on Competition and Consumer Protection in the 21st Century consider the FTC’s historical record and global context.
On April 12, 2019, the Federal Trade Commission (FTC) held the 13th installment in its...more
FTC adjusts the Hart-Scott-Rodino Act thresholds, raising the minimum size for reportable acquisitions to US$90 million.
On February 15, 2019, the Federal Trade Commission (FTC) announced new jurisdictional thresholds for...more
Eighth FTC Hearing features debate over whether the FTC should look more closely at non-controlling investments in competing companies.
Last week, the Federal Trade Commission (FTC, or the Commission) held the eighth...more
Seventh Hearing on Competition and Consumer Protection considers ethical, practical, and legal dimensions of artificial intelligence and machine learning.
On November 13 and 14, the Federal Trade Commission (FTC) held the...more
11/21/2018
/ Algorithms ,
Anti-Competitive ,
Antitrust Violations ,
Artificial Intelligence ,
Consumer Protection Laws ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Popular ,
Regulatory Agencies ,
Technology Sector
Sixth hearing on Competition and Consumer Protection in the 21st Century features disagreement over FTC’s enforcement priorities for consumer data.
The Federal Trade Commission (FTC) recently held the sixth hearing in its...more
Fourth and Fifth FTC Hearings on Competition and Consumer Protection consider more vigorous enforcement over vertical merger and innovation effects.
In the past two weeks, the Federal Trade Commission (FTC) held two more...more
Third FTC hearing on Competition and Consumer Protection in the 21st Century considers calls for additional scrutiny in multi-sided digital platform industries.
On October 15, 16, and 17, 2018, the Federal Trade Commission...more
Second FTC hearing on Competition and Consumer Protection in the 21st Century features calls for the Commission to look beyond consumer welfare.
On September 21, 2018, the Federal Trade Commission (FTC, or the Commission)...more