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Federal Trade Commission (FTC) Section 8 Antitrust Division

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

McDermott Will & Emery on

The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

Proskauer Rose LLP

FTC Announces 2024 Thresholds Under HSR Act and Clayton Act

Proskauer Rose LLP on

The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity. As is our annual practice, this alert identifies...more

Vinson & Elkins LLP

2024 Annual Updates to the United States Pre-Merger Notification (HSR Act) and Interlocking Directorates Thresholds

Vinson & Elkins LLP on

The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the...more

BakerHostetler

2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

BakerHostetler on

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

Lippes Mathias LLP

FTC Enforces Section 8 of the Clayton Antitrust Act

Lippes Mathias LLP on

It has been over 40 years since the Federal Trade Commission (“FTC”) has enforced Section 8 of the Clayton Act. Section 8 prohibits interlocking directorates among competing businesses, specifically referring to boards of...more

A&O Shearman

FTC sues PE fund and its portfolio company, signaling continued and growing focus on PE funds and roll-up acquisitions

A&O Shearman on

On September 21, 2023, the Federal Trade Commission (FTC) filed a groundbreaking complaint in federal court against PE fund Welsh Carson and its portfolio company, U.S. Anesthesia Partners (USAP), making good on its promise...more

Goodwin

US Antitrust Regulators Continue to Crack Down on Interlocking Directorates, and the FTC Expands Scope of Clayton Act to...

Goodwin on

On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more

Bracewell LLP

FTC Acts to Remedy Interlocking Director and Information Exchange Concerns in Oil & Gas Transaction

Bracewell LLP on

On August 16, 2023, the Federal Trade Commission took action to resolve its antitrust concerns associated with a proposed transaction between EQT Corporation (EQT) and private equity firm QEP Partners, LP (Quantum) pursuant...more

King & Spalding

FTC and DOJ Announce New Enforcement Actions Against Interlocking Directorates

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On August 16, 2023, the US Federal Trade Commission (“FTC”) brought its first enforcement action under Section 8 of the Clayton Act in 40 years. At the same time, the US Department of Justice’s Antitrust Division (“DOJ” and...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Enforcement Agencies Continue to Target Interlocking Directorate Arrangements

On August 16, 2023, the Federal Trade Commission (“the FTC”) marked its first enforcement action of the prohibitions on interlocking directorates under Section 8 of the Clayton Act in over 40 years. Section 8 prohibits an...more

Mintz - Antitrust Viewpoints

FTC Proposed Settlement Requires Private Equity Firm to Divest Shares, Relinquish Potential Board Seat, and Other Expansive...

The Federal Trade Commission (“FTC”), the Department of Justice Antitrust Division (“DOJ”), and the new proposed merger guidelines have all called out private equity transactions for particular scrutiny. The FTC just...more

Foley & Lardner LLP

FTC Blocks Interlocking Directorate and Makes Good on Its Commitment to Pursue Purported “Unfair Methods of Competition” as...

Foley & Lardner LLP on

For the first time in 40 years, the Federal Trade Commission (FTC) has taken action to enforce Section 8 of the Clayton Act, which prohibits so-called interlocking directorates. In the same action, the FTC mounted its first...more

Vedder Price

DOJ’s latest Section 8 case underscores its concern with competitors’ influence over one another

Vedder Price on

The Antitrust Division of the U.S. Department of Justice (“DOJ”) announced on August 16 that two directors of Pinterest Inc. and Nextdoor Holdings Inc. have resigned in response to an investigation into whether the...more

Paul Hastings LLP

FTC Plans Massive Revamp of HSR Act Reporting Requirements

Paul Hastings LLP on

Big changes appear to be in store for the premerger notification program under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR notification process currently requires parties to transactions...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 2

The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust...more

Holland & Hart LLP

DOJ Ups the Enforcement Ante on Interlocking Directorates

Holland & Hart LLP on

Over the past year, the U.S. Department of Justice’s Antitrust Division has renewed enforcement efforts against “interlocking directorates” that violate Section 8 of the Clayton Act.  This provision prohibits directors and...more

Epstein Becker & Green

DOJ’s Antitrust Division Continues Its Pursuit of Overlapping Directorates

Epstein Becker & Green on

On March 9, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that five directors resigned from four separate corporate boards and that another corporation declined to exercise its board...more

Schwabe, Williamson & Wyatt PC

FTC Announces Increase in Filing Thresholds Under the Hart-Scott-Rodino Act for 2023 for Premerger Notifications and Interlocking...

HSR Notice Thresholds Have Increased. On January 26, 2023, the Federal Trade Commission (FTC) announced its revised annual threshold that determines whether companies may be required to notify federal antitrust authorities...more

White & Case LLP

FTC Announces New Filing Fees Up to $2.25 Million and Annual Changes to US HSR Thresholds (2023)

White & Case LLP on

The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds – effective for deals closing on or after February 27, 2023 – and the new HSR merger filing fees....more

Hogan Lovells

New HSR and interlocking directorate thresholds announced for 2023

Hogan Lovells on

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

Akin Gump Strauss Hauer & Feld LLP

FTC Updates HSR Filing Fees and Revises Thresholds for 2023; Minimum Size for Reportable Transactions Increases to $111.4 Million

Key Points - The HSR Act requires parties that meet certain transaction size and other tests to file premerger notification forms for mergers and other transactions with both the Federal Trade Commission and Department of...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Antitrust Division Ramping Up Enforcement Efforts Against Interlocking Directorates

In April 2022, Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division (DOJ) previewed the DOJ’s intent to more aggressively enforce the prohibition on interlocking directorates under...more

Cooley LLP

DOJ Focusing Antitrust Scrutiny on the Boardroom: Is Your Board Ready?

Cooley LLP on

In April 2022, Assistant Attorney General Jonathan Kanter, head of the US Department of Justice’s Antitrust Division, fired a warning shot to companies: “For too long, our Section 8 enforcement has essentially been limited to...more

McGuireWoods LLP

Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk

McGuireWoods LLP on

Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more

BCLP

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

BCLP on

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

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