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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

Biden Administration Files Two New Lawsuits Aimed at Exclusionary Conduct and Information Exchanges

This week’s filings by the Federal Trade Commission (“FTC”) against Amazon.com, Inc. (“Amazon”) and the Department of Justice Antitrust Division (“DOJ”) against Agri Stats, Inc. (“Agri Stats”) exemplify the agencies’ broad...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

A Noisy Exit by FTC Commissioner Wilson

Commissioner Christine Wilson announced her resignation from the Federal Trade Commission (“FTC”) on February 14, 2023 in a Wall Street Journal Op-Ed. Commissioner Wilson’s very public resignation confirms the deep divide...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

Stay above board: new thresholds applicable to Clayton Act prohibition on interlocking directorates

The Federal Trade Commission recently announced revised thresholds (“2023 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

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

Continuing Trend: HSR Notifications Significantly Down in October 2022

The Federal Trade Commission (FTC) recently reported that parties filed U.S. pre-merger notifications for only 181 transactions in October 2022, an almost 60% drop year over year from October 2021’s 443 number, and a marked...more

Picking the Locks: Recent DOJ Enforcement of Clayton Act’s Prohibitions on Interlocking Directorates

The business community was put on notice last week after the Department of Justice (DOJ) announced the resignations of seven directors from five corporate boards following what DOJ called the “first in a broader review of...more

New 2022 HSR Thresholds Announced

On January 24, 2022, the U.S. Federal Trade Commission (“FTC”) announced increased financial thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). Following statutory amendments...more

Elevating Antitrust Issues: President Biden’s New Executive Order

During an already busy year for antitrust legislative and regulatory proposals, on July 9, 2021, President Biden issued Executive Order 14036: “Promoting Competition in the American Economy.” The Executive Order (“EO”)...more

From Big Tech Critic to Head Regulator: Lina Khan Will Lead the FTC with Bipartisan Support

Four days after Congress introduced five antitrust bills with significant levels of bipartisan support, President Biden appointed - and Congress overwhelmingly approved - notable Big Tech critic Lina Khan to be the Chair of...more

New Antitrust Bills Highlight Continued Big Tech Scrutiny

2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more

U.S. Antitrust Agencies Suspend Early Termination of Merger Review Waiting Periods

Today, the U.S. antitrust agencies announced a temporary suspension of the long-time practice of granting “early termination” of required premerger waiting periods under the Hart-Scott-Rodino Antitrust Improvements Act (the...more

2021 HSR Thresholds Decreasing

In a direction consistent with 2020, the filing thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) will decrease. Following statutory amendments made in 2000, the thresholds are...more

FTC Lowers Interlocking Directorate Thresholds for 2021

Along with the HSR filing thresholds, the Federal Trade Commission recently lowered the interlocking directorate thresholds under Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person from...more

U.S. Antitrust Agencies Seek To Provide Expedited Responses To Competitor Collaboration Business Evaluation Requests

Competitors, especially healthcare providers, are actively seeking ways to engage in collaborative efforts to help address the COVID-19 outbreak. Appreciating the challenge, necessity, and time pressures of such competitor...more

Citing COVID-19 Concerns, FTC Suspends Early Termination and Temporarily Institutes E-Filing System

In light of the developing COVID-19 pandemic, the Federal Trade Commission’s Premerger Notification Office ( “PNO”) has announced temporary changes for submitting premerger filings under the Hart-Scott Rodino (“HSR”)...more

FTC Increases Interlocking Directorate Thresholds for 2020

Along with the HSR filing thresholds, the Federal Trade Commission recently increased the interlocking directorate thresholds under Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person...more

Federal Trade Commission Increases Interlocking Directorate Thresholds for 2019

The Federal Trade Commission has published its annual revision of the interlocking directorate thresholds under Section 8 of the Clayton Act. The new, slightly higher thresholds are effective as of March 4, 2019....more

Premerger Notification Thresholds Increased

Effective April 3, 2019, the jurisdictional thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”), will increase. Pursuant to statutory amendments made in 2000, the thresholds are...more

CFIUS and FTC/DOJ Review of Transactions During the Government Shutdown

Parties to transactions requiring review by the Committee on Foreign Investment in the United States (“CFIUS”) and/or the United States Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”)...more

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