News & Analysis as of

Hart-Scott-Rodino Act Merger Reviews

The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or... more +
The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or acquisitions must notify the Department of Justice and the Federal Trade Commission prior to completing the transaction. Once notified, the DOJ and FTC investigate and make a determination as to whether the proposed transaction will adversely impact U.S. commerce and competition within the market. less -
Epstein Becker & Green

New State Laws Requiring Notice of Health Care Transactions Will Uniquely Impact Distressed Transactions

Distressed businesses are often compared to melting ice cubes or an aircraft in rapid descent. The goal for a distressed business is to get to a transaction before the ice cube melts or the aircraft and ground meet at an...more

Epiq

Final HSR Filing Requirements Are Coming Soon: The Significant Data Implications

Epiq on

The wait for the final version of the revised Hart-Scott-Rodino (HSR) Filing Requirements is drawing to an end. At the ABA Antitrust Spring Meeting in Washington last week, Andrew Forman, a deputy assistant attorney general...more

WilmerHale

Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

WilmerHale on

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more

Holland & Knight LLP

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

Holland & Knight LLP on

After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more

Hogan Lovells

FTC and DOJ finalize new merger guidelines articulating expansive theories of enforcement

Hogan Lovells on

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

Foley & Lardner LLP

2023 Update on Antitrust Enforcement in Labor and Employment

Foley & Lardner LLP on

The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the “Agencies”) in their efforts to expand antitrust enforcement to labor...more

Latham & Watkins LLP

US State Regulatory Spotlight on Healthcare Transactions

Latham & Watkins LLP on

Growing state-level oversight of M&A and other strategic transactions for healthcare provider businesses will impact growth strategies across major markets. The volume of healthcare services transactions in the United...more

Manatt, Phelps & Phillips, LLP

Hospital Acquisitions in Louisiana Avoid FTC Review, for Now

More hospital acquisitions may seek to avoid premerger scrutiny of the Federal Trade Commission (FTC) under the HSR Act (or any antitrust inquiry ever) if a recent federal district court decision holds up and becomes settled...more

Venable LLP

Tuna Price-Fixing Summary Judgment Decision Is a Warning to Private Equity

Venable LLP on

A private equity firm and its investment advisor are facing trial over claims they participated in a price-fixing conspiracy for canned tuna carried out at their portfolio company, Bumble Bee tuna. The judge overseeing the...more

Orrick, Herrington & Sutcliffe LLP

The Next Era of U.S. Merger Reviews: How the Process Is Likely to Change – and What You Can Do to Prepare

The Federal Trade Commission and Department of Justice Antitrust Division recently took two significant steps to overhaul merger reviews. Proposed changes to the Merger Guidelines that would push the envelope in certain...more

BCLP

Government Shutdown’s Impact on Antitrust Merger Review

BCLP on

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

Benesch

Dialysis & Nephrology Digest - September 2023

Benesch on

FTC, DoJ propose changes to HSR Act for more effective, efficient merger reviews - The FTC, along with the Assistant Attorney General of the Antitrust Division, proposed changes to the premerger notification form and...more

Proskauer Rose LLP

Question of the Week: What do companies need to know if the Federal Trade Commission's proposed merger review changes are...

Proskauer Rose LLP on

“Merger review is about to get thornier. While the FTC and DOJ have been tightening the merger review process incrementally over the course of the Biden administration, the newly proposed HSR rule changes represent a...more

Baker Donelson

FTC and DOJ Propose Major Overhaul of Merger Guidelines

Baker Donelson on

On July 19, 2023, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) issued revised Merger Guidelines (Proposed Guidelines) that if adopted would lead to...more

Holland & Knight LLP

Revised Merger Guidelines Would Expand Reviews and Limit Combinations

Holland & Knight LLP on

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) on July 19, 2023, jointly announced the release of proposed Merger Guidelines that would expand significantly the number and types of transactions...more

Ballard Spahr LLP

Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market

Ballard Spahr LLP on

Summary - The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a...more

WilmerHale

Proposed Changes to HSR Notification Form Would Intensify Scrutiny on Private Equity Funds: Some Thoughts on What to Expect and...

WilmerHale on

As described in our Client Alert of July 6, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) proposed on June 27, 2023, a massive overhaul of the Hart-Scott-Rodino Act (HSR) pre-merger notification...more

Eversheds Sutherland (US) LLP

FTC and DOJ propose substantial changes to Hart-Scott-Rodino Notification Form for first time in its history

On June 27, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ, and together with the FTC, the Agencies) announced proposed changes to the premerger notification filing...more

Latham & Watkins LLP

FTC and DOJ Propose More Demanding and Lengthy HSR Filing Process

Latham & Watkins LLP on

The agencies’ proposed rulemaking would add significant complexity, substance, and time to US antitrust premerger notifications. On June 27, 2023, the Federal Trade Commission (FTC) in collaboration with the US Department...more

A&O Shearman

FTC and DOJ Propose Significant, Burdensome Changes to HSR Form for U.S. Merger Review

A&O Shearman on

On June 27, 2023, the FTC announced a notice of proposed amendments to the premerger filing requirements under the Hart-Scott-Rodino (HSR) Act....more

Dorsey & Whitney LLP

FTC and DOJ Propose Overhaul of U.S. Merger Review Process

Dorsey & Whitney LLP on

Earlier this week, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking for a major overhaul of the U.S. merger control reporting process. Among other things, the FTC’s proposed changes would require...more

BCLP

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

BCLP on

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

Morgan Lewis

New HSR Form Will Transform the US Merger Review Process

Morgan Lewis on

The Federal Trade Commission (FTC) has proposed sweeping new Hart­-Scott-Rodino Act (HSR) rules along with a new proposed HSR form that would completely change the HSR process. The proposed form—which the FTC prepared in...more

BakerHostetler

FTC Proposes Sweeping Changes to HSR Reporting Requirements

BakerHostetler on

On June 27, the Federal Trade Commission (FTC) issued a press release[1] announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). Under...more

Holland & Knight LLP

Killing Deals Softly: FTC Proposes 107-Hour Increase in Hart-Scott-Rodino Burden

Holland & Knight LLP on

The Federal Trade Commission (FTC) on June 27, 2023, announced its intention to increase the cost and burden of its regulatory processes, which might prevent many even benign and procompetitive mergers and acquisitions (M&A)...more

45 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide