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Key Considerations as FTC, DOJ Significantly Change HSR Premerger Notification Requirements

On October 10, 2024, the Federal Trade Commission (FTC) announced a unanimous 5-0 vote to finalize changes to the Hart-Scott-Rodino (HSR) premerger notification program, including changes to the HSR form and associated...more

DOJ Hits Venue Services Group With $3.5 Million HSR Gun-Jumping Penalty

The US Department of Justice (DOJ) filed a complaint and proposed consent decree alleging that Legends Hospitality Parent Holdings prematurely acquired beneficial ownership – often referred to as “gun jumping” – in connection...more

DOJ Challenges Use of Certain Pricing Algorithms

On August 23, 2024, the Department of Justice (DOJ) sued real estate software company RealPage alleging the company’s software reduces competition between landlords, resulting in inflated rents and less favorable lease terms...more

US Department of Justice Sues Live Nation and Ticketmaster

In summer 2023, fans of Taylor Swift made international headlines when they took to social media to express their outrage at the ticket-buying experience for “The Eras Tour.” Fans of many artists have expressed their strong...more

UK Antitrust Enforcer Outlines Growing Concerns for AI Foundation Model Markets

Following an almost yearlong review into artificial intelligence (AI) foundation models, and the publication of its initial report in October 2023, the UK Competition and Markets Authority (CMA) has published an updated...more

New Hart-Scott-Rodino Act Filing Thresholds, Filing Fees and Interlocking Directorate Thresholds Announced

The Hart-Scott-Rodino (HSR) Act thresholds that govern which mergers & acquisitions must be reported to the US Department of Justice (DOJ) and Federal Trade Commission (FTC) will increase slightly more than 7% in February...more

What Dealmakers Need to Know

As a capstone on the Biden administration’s aggressive 2023 antitrust enforcement, the Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued revised Merger Guidelines before the holidays, replacing the...more

DOJ’s Top Antitrust Official Turns Spotlight on Broadened Scope of Bank Merger Enforcement

In the wake of major bank failures in the US, the Department of Justice (DOJ) has signaled that it plans to step up antitrust enforcement of bank mergers. In June 2023, the DOJ’s Assistant Attorney General for Antitrust...more

Draft Revised Merger Guidelines Foreshadow More Aggressive Antitrust Enforcement

On July 19, 2023, the US Department of Justice and Federal Trade Commission released draft revised merger guidelines in an effort to support the Biden administration’s aggressive antitrust enforcement agenda....more

FTC Proposes Sweeping Changes to HSR Rules That Could Substantially Increase Burden, Time to Prepare Filings

On June 27, 2023, the Federal Trade Commission (FTC) announced a proposal for a radical overhaul to the Hart-Scott-Rodino (HSR) premerger notification program that, if adopted, would dramatically increase costs, burden and...more

Europe’s Top Court on Merger Review: No Deals Are ‘Off the Table’

The European Union’s top court recently confirmed that an M&A transaction that does not require mandatory pre-merger authorization may be investigated post-merger on suspicion that the transaction involved an ‘abuse’ of the...more

No-Poach Approach Continues: UK Regulator Warns Employers About Anticompetitive Practices

Following the US Department of Justice’s first criminal conviction for labor market antitrust violations in October 2022, and with scrutiny of labor agreements increasing internationally, the UK Competition and Markets...more

New Hart-Scott-Rodino Act Thresholds and Filing Fees Announced

The Hart-Scott-Rodino (HSR) Act thresholds, which govern when acquisitions must be reported to the Department of Justice and Federal Trade Commission, will increase slightly more than 10% in February 2023. The minimum...more

Proposed FTC Rule Would Ban Most Noncompete Agreements

On January 5, 2023, the Federal Trade Commission published a proposed rule that would categorically ban noncompete agreements between employers and a broad class of “workers,” including independent contractors and unpaid...more

HSR Filing Fees Increase Substantially for Large Transactions, Boost FTC and DOJ Antitrust Enforcement Funding

On December 29, 2022, President Joe Biden signed a funding bill into law that includes provisions that significantly change the filing fees for mergers & acquisitions notifiable under the Hart-Scott-Rodino (HSR) Act. For...more

Business Owner Pleads Guilty to Attempted Monopolization in Violation of Section 2 of Sherman Act

On October 31, the Antitrust Division of the US Department of Justice (DOJ) delivered on its promise to pursue criminal enforcement of Section 2 of the Sherman Act when it secured a guilty plea from a highway paving...more

DOJ Secures First Criminal Conviction, Labor Agreement Scrutiny Increases Internationally

The Department of Justice (DOJ) Antitrust Division secured its first win in a criminal enforcement of labor market antitrust violations on October 27, 2022, when nurse staffing company VDA OC pleaded guilty to violating...more

DOJ Focusing Antitrust Scrutiny on the Boardroom: Is Your Board Ready?

In April 2022, Assistant Attorney General Jonathan Kanter, head of the US Department of Justice’s Antitrust Division, fired a warning shot to companies: “For too long, our Section 8 enforcement has essentially been limited to...more

Antitrust Lawsuit by FTC and 10 States Focuses on ‘Loyalty Programs’

On September 29, 2022, the Federal Trade Commission – alongside a bipartisan coalition of 10 state attorneys general – sued Corteva and Syngenta, challenging “loyalty programs” pursuant to which two of the largest pesticide...more

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