FTC adjusts the Hart-Scott-Rodino Act size thresholds, raising the minimum size for reportable acquisitions to $126.4 million.
On January 10, 2025, the Federal Trade Commission (FTC) announced new jurisdictional...more
1/14/2025
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Jurisdictional Thresholds ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
Threshold Requirements
Effective mid-January 2025, the FTC’s new HSR notification process will significantly increase the time and content required to file M&A notifications under the HSR Act.
On October 10, 2024, the Federal Trade Commission...more
Effective mid-January 2025, the FTC’s new HSR notification process will significantly increase the burden and cost of filing M&A notifications under the HSR Act.
On October 10, 2024, the US Federal Trade Commission (FTC)...more
10/15/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
NAICS ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Required Documentation ,
Threshold Requirements
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
A new proposed rule would prohibit impersonating individuals or knowingly providing tools for unlawful impersonation — dramatically expanding the FTC’s AI enforcement capabilities.
On February 15, 2024, the Federal Trade...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
The agency’s latest report and recent statements indicate its potential enforcement and regulatory priorities regarding artificial intelligence.
On December 18, 2023, the Federal Trade Commission (FTC) released a report...more
1/3/2024
/ Artificial Intelligence ,
Biden Administration ,
Competition ,
Consumer Protection Laws ,
Copyright ,
Enforcement Authority ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Information Reports ,
Innovative Technology ,
Machine Learning ,
Popular ,
Unfair Competition
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
A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts.
Key Points:
..ESG investing initiatives are not...more
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
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
Unpacking three key competition issues for digital asset innovators and investors: M&A, interlocking directorates, and interoperability.
In a sea of regulatory hurdles and issues, antitrust and competition laws may be...more
In its latest step to elevate antitrust scrutiny of private equity, DOJ launches a series of investigations of board seats under Section 8 of the Clayton Act.
The US Department of Justice (DOJ) recently began sending...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
The bill would increase and shift the burden for many merger reviews, introduce new categories of prohibited conduct, and undo important common law defenses to single-firm conduct.
On February 4, 2021, Senator Amy...more
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
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
Ninth hearing on Competition and Consumer Protection in the 21st century highlights challenges of addressing persistent threats to data security.
On December 11 and 12, the Federal Trade Commission (the FTC or the...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