In late January 2024, the Federal Trade Commission (“FTC”) released an updated operating plan in the event Congress does not pass a funding bill and the government shuts down. In a dramatic departure from prior practice, the...more
On January 22, 2024, the Federal Trade Commission (FTC) announced the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino...more
1/24/2024
/ Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On December 18, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the Agencies”) released the 2023 Merger Guidelines (the Merger Guidelines). The substance of the new guidelines does not stray...more
On 27 June 2023, the Federal Trade Commission (FTC), in coordination with the Antitrust Division of the Department of Justice (DOJ), issued a notice of proposed rulemaking (Notice) to make extensive changes to the information...more
On 23 January 2023, the Federal Trade Commission (FTC) announced the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino...more
1/25/2023
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On 19 October 2022, the Antitrust Division of the US Department of Justice (the Division) announced that seven directors have agreed to resign from the boards of directors of five companies in response to the Division’s...more
On 24 January 2022 the Federal Trade Commission (FTC) published the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust...more
On 4 February 2021 the Federal Trade Commission (FTC) announced that U.S. antitrust agencies will temporarily suspend grants of early terminations of the waiting periods for pre-merger filings made pursuant to the...more
On 2 February 2021 the Federal Trade Commission (FTC) published the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust...more
On 21 September 2020, the Federal Trade Commission (FTC) announced for comment sweeping changes to the Hart-Scott-Rodino (HSR) Act rules. First, the FTC proposed changing the definition of "person" to include HSR associates....more
Last week, the U.S. antitrust agencies announced two important updates affecting their review
of transactions:
1. The Federal Trade Commission (FTC)announced that effective 30 March 2020 the U.S. antitrust agencies will...more
Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid -
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more
3/23/2020
/ Antitrust Provisions ,
BSA/AML ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Monopolization ,
Threshold Requirements
On 28 August 2019 investment advisor Third Point LLC (Third Point) and three funds under its control – Third Point Partners Qualified L.P., Third Point Ultra, Ltd., and Third Point Offshore Fund Ltd. (collectively, the Third...more
9/4/2019
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Dow Chemical ,
DuPont ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investment Adviser ,
Pre-Merger Filing Requirements ,
Regulatory Violations ,
Settlement Agreements ,
Voting Securities ,
Waiting Periods
On 10 June 2019 the U.S. Department of Justice (DOJ) Antitrust Division, acting at the request of the Federal Trade Commission (FTC), filed a complaint and proposed final judgment in the U.S. District Court for the District...more
6/17/2019
/ Antitrust Provisions ,
Antitrust Violations ,
Avoidance ,
Canon ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Failure to Comply ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Notification Requirements ,
Pre-Merger Filing Requirements ,
Toshiba
Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter.
...more
4/3/2019
/ Antitrust Provisions ,
Bid Rigging ,
CFIUS ,
Economic Development ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Government Shutdown ,
Hold-Separate Remedies ,
Merger Controls ,
No-Poaching ,
Pharmaceutical Patents ,
Public Procurement Policies ,
Regulatory Standards ,
South Africa ,
UK Competition and Markets Authority (CMA)
After Congress failed to enact appropriations legislation, the United States federal government partially shut down beginning at midnight on 22 December 2018, impacting several departments, agencies, and interagency...more
1/4/2019
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Funding ,
Federal Trade Commission (FTC) ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Government Shutdown ,
Hart-Scott-Rodino Act ,
National Security ,
Regulatory Agencies ,
Trump Administration
A public company executive recently entered into a consent decree with the Federal Trade Commission (FTC) pursuant to which he agreed to pay US$609,810 in fines for acquiring additional voting shares in violation of the...more
12/19/2018
/ Antitrust Violations ,
Corporate Officers ,
Department of Justice (DOJ) ,
Directors ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Qualified Restricted Stock Units (RSUs) ,
Strict Compliance ,
Threshold Requirements ,
Voting Shares
On 26 January 2018, the Federal Trade Commission (FTC) released the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust...more
1/31/2018
/ Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Notification Requirements ,
Premerger Notifications ,
Regulatory Oversight ,
Regulatory Standards ,
Section 7(a) ,
The Clayton Act ,
Threshold Requirements
FTC takes another look at merger remedies -
On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more
2/23/2017
/ Africa ,
Anti-Monopoly ,
Antitrust Provisions ,
Best Practices ,
Cartels ,
China ,
COMESA ,
Competition ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Extradition ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Hong Kong ,
Human Resources Professionals ,
Hungary ,
INTERPOL ,
Merger Controls ,
Mexico ,
MOFCOM ,
NRDC ,
PEMEX ,
Pharmaceutical Industry ,
Pre-Merger Filing Requirements ,
Railways ,
Red Notices ,
Regulatory Oversight ,
Remedies ,
Resale Pricing ,
Retail Market ,
Settlement ,
Transportation Industry ,
Trump Administration ,
UK
On 3 February 2017, the U.S. Federal Trade Commission (FTC) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to 2012. Nearly two decades after it issued a similar...more
2/15/2017
/ Antitrust Provisions ,
Best Practices ,
Business Assets ,
Competition ,
Corporate Counsel ,
Divestiture ,
Due Diligence ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Pharmaceutical Industry ,
Remedies ,
Supply Agreements ,
Third-Party Relationships ,
Transition Team ,
Vetting
On 19 January 2017, the Federal Trade Commission (FTC) released the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust...more
1/24/2017
/ Acquisitions ,
Antitrust Provisions ,
Federal Register ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Notification Requirements ,
Premerger Notifications ,
The Clayton Act ,
Threshold Requirements ,
Transfer of Assets ,
Voting Securities ,
Waiting Periods