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Antitrust Provisions Merger Agreements Hart-Scott-Rodino Act

Ballard Spahr LLP

U.S. Regulatory Hurdles for a PGA/PIF Merger

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The PGA Tour announced that it had, along with the DP World Tour, entered into a Framework Agreement with the Public Investment Fund of the Kingdom of Saudi Arabia (PIF) to create “a global golf partnership.” While the...more

Stinson LLP

DOJ and FTC’s Aggressive Antitrust Enforcement Agenda Set to Continue

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There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward: New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more

Cornerstone Research

2023 Merger Guidelines Addressing Potential Impacts on Workers

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In this article from The Threshold, the authors recap a panel on theories of labor harm in mergers, sponsored by the Mergers and Acquisitions Committee of the American Bar Association Section of Antitrust Law....more

Cornerstone Research

Trends in Merger Investigations and Enforcement at the U.S. Antitrust Agencies: Fiscal Years 2005-2022

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In fiscal year 2022, merger transactions and second requests decreased from the prior year....more

Wyrick Robbins Yates & Ponton LLP

M&A in 2024: How to Prepare for HSR Filings in a Year of Antitrust Uncertainty

In June 2023, the Federal Trade Commission (“FTC”) issued a proposed rule that would dramatically change, and increase the burden of, Hart-Scott-Rodino Act (the “HSR Act”) pre-merger antitrust filings.  Many observers expect...more

Akerman LLP

First Major Overhaul of HSR Act Will Greatly Increase Time and Resources Required to Complete HSR Filing

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In June 2023, the Federal Trade Commission (FTC), in conjunction with the Antitrust Division of the U.S. Department of Justice (DOJ), issued a Notice of Proposed Rulemaking to amend the premerger notification form and...more

Nelson Mullins Riley & Scarborough LLP

Federal Trade Commission Proposes Major Changes to Hart-Scott-Rodino Process

On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (USDOJ), released a 133-page Notice of Proposed Rulemaking (NPRM) seeking to overhaul the Hart-Scott-Rodino Act of...more

Jones Day

DOJ/FTC Propose Massive Changes to HSR Premerger Filings: What You Need to Know

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The Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ”) have proposed to expand dramatically the scope and burden of preparing a merger filing in the United States. The proposed changes...more

A&O Shearman

New merger guidelines greatly rewrite the framework for reviewing M&A transactions

A&O Shearman on

On July 19, 2023, the Federal Trade Commission and Department of Justice Antitrust Division announced sweeping changes to how they review deals. The agencies published new “Merger Guidelines” that identify the competition...more

A&O Shearman

EU Foreign Subsidies Regulation takes effect with procedural rules clarified

A&O Shearman on

Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more

Stinson LLP

FTC and DOJ Propose Overhaul of Merger Filings

Stinson LLP on

On June 27, 2023, the Federal Trade Commission, in concurrence with the U.S. Department of Justice's Antitrust Division (the Agencies), proposed changes to the premerger notification form, as well as the premerger...more

HaystackID

Spring has Sprung? A Hart-Scott-Rodino Act Transaction Update (March FY 2023)

HaystackID on

The Hart Scott Rodino Act (HSR Act) is a federal law that requires companies planning to merge or acquire certain assets or voting securities to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ)...more

Davis Wright Tremaine LLP

A Record-Breaking Year of Mergers and Acquisitions

On February 10, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) released the 44th Hart-Scott-Rodino Annual Report, which surveys fiscal data and trends in the agencies' jointly administered...more

Stinson LLP

Congress is Dramatically Increasing Merger Filing Fees for Largest Deals in 2023

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On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, into law, which includes the Merger Filing Fee Modernization Act of 2022 (MFFMA) and other antitrust-related priorities. This legislation...more

Dechert LLP

DAMITT Q1 2022: Significant Merger Investigations Face Steeper Hurdles to Settlement

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In the U.S., “significant” merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions for which the result of the investigation by the Federal Trade Commission (FTC) or the Antitrust Division of the...more

Proskauer Rose LLP

How to Navigate the Coming Antitrust Policy Tests

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2021 will be remembered in antitrust law. Not since the 1970s has there been so much chatter over the fundamental purposes of antitrust policy, or such potential for actual sea change. Originally published in Law360 -...more

Robinson & Cole LLP

FTC’s New Prior Approval Policy Affects Merging Parties and Buyers of Divested Assets

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Effective October 25, 2021, the Federal Trade Commission (FTC) has adopted a new policy providing increased scrutiny of merger and acquisition activity for potential anti-competitive effects. The new policy applies to consent...more

Perkins Coie

FTC Revives and Expands “Prior Approval” Policy

Perkins Coie on

On October 25, 2021, the U.S. Federal Trade Commission (FTC) released its “Statement on Use of Prior Approval Provisions in Merger Orders” (the Statement). The Statement announces two material changes in the agency’s merger...more

Akerman LLP - Health Law Rx

Proposed Florida House Legislation Advances, Requiring Reporting to the State Proposed Hospital and Group Practice Acquisitions

A bill recently introduced in the Florida legislature (HB 1243) requires Florida hospitals and group physician practices contemplating mergers or acquisitions to provide advance notice of such transactions to the Florida...more

Proskauer Rose LLP

FTC Reverses Prior Position – Buyers Must Now Count All New Debt as Part of the Transaction Size for HSR Purposes

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The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger...more

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