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Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more

FTC Announces 2025 HSR Act Thresholds and Filing Fee Schedule

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more

FTC Secures Record-Breaking Gun-Jumping Fine, Opines on Buyer’s Right to Approve Transactions and Lack of Diligence Controls

The Federal Trade Commission (“FTC”) sent a firm message—unlawful coordination of merging businesses prior to the closing under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act will be aggressively enforced. On...more

FTC Announces New Premerger Notification Form

On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger...more

FTC Announces 2024 Thresholds Under HSR Act

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more

Stay Above Board In 2024: New Thresholds Applicable to Clayton Act Prohibition on Interlocking Directorates

The Federal Trade Commission recently announced revised thresholds (“2024 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national...more

Government Shutdown’s Impact on Antitrust Merger Review

With one day for Congress to enact appropriations funding federal government operations, the Federal Trade Commission and Department of Justice, Antitrust Division (the “Agencies”) each issued a contingency plan (the “Plans”)...more

U.S. antitrust agencies propose major changes to pre-merger review process

On June 27, 2023 the Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, (together, the “Agencies”) announced proposed amendments to the premerger notification rules that...more

FTC announces 2023 thresholds under HSR Act and Clayton Act

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more

FTC Announces 2023 Size Thresholds and Fee Structure under HSR Act

The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more

FTC Proposes Broad Ban on Non-Competes, but there’s an Exception for Dealmakers

Taking aim at what it views as an unfair practice that keeps hundreds of billions of dollars out of workers’ pockets, on January 5 the Federal Trade Commission (FTC) issued proposed rulemaking that would effectively ban...more

Significant Changes to U.S. Premerger Filing Fees under the Consolidated Appropriations Act 2023

The Consolidated Appropriations Act, 2023 was signed into law by President Biden on December 29, 2022. Included in this massive bill was the Merger Filing Fee Modernization Act of 2022 (the “Fee Modernization Act”)....more

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