The Federal Trade Commission’s (FTC) Final Rule mandates the adoption of new, expanded Hart-Scott-Rodino (HSR) forms and the creation of a public comment portal for pending transactions. The new HSR forms will become...more
10/15/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Mergers ,
Operative Documents ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Required Documentation ,
Required Forms ,
Threshold Requirements ,
Updated Forms
On August 1, the Federal Trade Commission (FTC) and Department of Justice (DOJ) virtually cohosted the first public meeting of the multiagency Strike Force on Unfair and Illegal Pricing (Strike Force), focused on antitrust...more
8/12/2024
/ Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Product Companies ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
DOJ Strike Force ,
Enforcement ,
Enforcement Priorities ,
FCC ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Grocery Stores ,
Product Pricing ,
Public Meetings ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Unfair Pricing ,
USDA
On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility....more
5/3/2024
/ Anti-Competitive ,
Biden Administration ,
Chamber of Commerce ,
Congressional Review Act ,
Constitutional Challenges ,
Contract Terms ,
Corporate Executives ,
Employment Contract ,
Exceptions ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
OIRA ,
Regulatory History ,
Section 5
On Jan. 22, the FTC announced the 2024 filing thresholds under the HSR Act, as well as the 2024 filing fees. The new thresholds will be published in the Federal Register in the coming days....more
1/24/2024
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
As we approach the conclusion of another transformative year, we are excited to present our comprehensive year-end review, shedding light on the trends shaping the healthcare market in 2023. Our team’s keen insights and...more
1/19/2024
/ Antitrust Litigation ,
Artificial Intelligence ,
Biotechnology ,
Cannabis Products ,
Centers for Medicare & Medicaid Services (CMS) ,
Complex Corporate Transactions ,
Coronavirus/COVID-19 ,
Corporate Transparency Act ,
Electronic Protected Health Information (ePHI) ,
False Claims Act (FCA) ,
Health Care Providers ,
Hospitals ,
Information Blocking Rules ,
Medical Research ,
Medicare ,
PHI ,
Private Equity ,
Recovery Audit Contractors (RACs) ,
Regulatory Oversight ,
Section 340B ,
SNF ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
On Dec. 18, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued new merger guidelines (Guidelines), finalizing draft guidelines published in July and replacing the 2010 Horizontal Merger...more
In my earlier post in the Antitrust Advocate Blog, I noted recent setbacks that the Federal Trade Commission has experienced with respect to its regulatory authority. I then asked whether the FTC would suffer another...more
10/5/2023
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Hospitals ,
Mergers ,
Premerger Notifications ,
Regulatory Authority ,
Section 7 ,
Sherman Act ,
State Action Immunity ,
The Clayton Act
On July 19, 2023, the FTC and the DOJ (collectively, the agencies) jointly released new draft merger guidelines. The agencies assert that the proposed guidelines will help them better assess the impact of proposed mergers...more
On June 27, the Federal Trade Commission (FTC) issued a press release[1] announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). Under...more
6/30/2023
/ Comment Period ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
NPRM ,
Premerger Notifications ,
Proposed Amendments ,
Required Forms ,
Rulemaking Process
The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate...more
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse...more
On May 23, 2022, the Federal Trade Commission (FTC), at the prompting of President Joe Biden, announced that it will launch a civil investigation into the ongoing shortage of baby formula throughout the country. The FTC is...more
On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy. According to the fact sheet that accompanied the order, competition in the U.S. economy is in dire straits....more
Antitrust regulators around the globe are heavily scrutinizing online advertising platforms. That scrutiny extends to the activities of advertisers making use of those platforms. On June 11, 2021, the Second Circuit Court of...more
Last week, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Columbia against Procter & Gamble to enjoin the consumer goods company from acquiring New York-based...more
On October 20, 2020, the Department of Justice (“DOJ”) and 11 state attorneys general filed an antitrust complaint against Google, alleging Google violated Section 2 of the Sherman Act by unlawfully maintaining monopolies in...more
On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict...more
On June 30, 2020, the Antitrust Division of the Justice Department and the Federal Trade Commission (FTC) adopted Vertical Merger Guidelines (Vertical Guidelines) to fill a long-standing gap in the competition agencies’...more
COVID-19 already has had a significant impact on the food industry. Companies at all levels of the food supply chain long have been the focus of antitrust investigations and litigation, partly because there are relatively few...more
On Feb. 3, the Federal Trade Commission (FTC) challenged Edgewell Personal Care’s proposed $1.37 billion acquisition of Harry’s. Edgewell owns Schick and another brand, making it one of the two leading manufacturers of wet...more
BakerHostetler invites you to join us for an upcoming webinar, Federal Trade Commission - Antitrust Investigations - What You Should Know, offering vital insights into antitrust issues and investigations.
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