News & Analysis as of

Interlocking Directorate Department of Justice (DOJ) Antitrust Provisions

Cadwalader, Wickersham & Taft LLP

The Biden Administration’s “Extensive Review of Interlocking Directorates Across the Entire Economy” May Put Your Board...

The identification, investigation and removal of persons who serve as directors or officers of two competing companies (i.e., “horizontal interlocks”) is a significant component of the Biden Administration’s antitrust...more

Jenner & Block

U.S. Antitrust Agencies Propose Sweeping Changes to the HSR Premerger Notification Program

Jenner & Block on

On June 27, 2023, the Federal Trade Commission (“FTC”) in collaboration with the Department of Justice (“DOJ”) announced a proposal to overhaul the Hart-Scott-Rodino (HSR) Act premerger notification program. If adopted, the...more

Faegre Drinker Biddle & Reath LLP

New HSR Act Size-of-Transaction Increasing to $119.5 Million; Filing Fee Increases Going Into Effect Soon

On January 22, 2024, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more

Vinson & Elkins LLP

Antitrust Issues in Renewable Energy - November 2023

Vinson & Elkins LLP on

Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. Europe generated almost 40% of its electricity from renewable sources in...more

Latham & Watkins LLP

Enforcement of “Interlocking Directorates” Accelerates With DOJ-Announced Resignations and FTC Consent Agreement

Latham & Watkins LLP on

Companies should take a proactive approach as US antitrust agencies continue to enforce Section 8 of the Clayton Act. The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) Antitrust Division (the...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

BakerHostetler

Report from the 2023 ABA Antitrust Section Annual Conference - Criminal Updates and Developments

BakerHostetler on

In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers...more

Faegre Drinker Biddle & Reath LLP

DOJ Continues “Vibrant Section 8 Enforcement” to Purge Companies of Potentially Anticompetitive Interlocking Directorates

In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...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

Akin Gump Strauss Hauer & Feld LLP

Congress Urges FTC Scrutiny of the Life Sciences Industry: Will This Be a New Chapter in the Administration’s Drug Pricing...

On February 13, 2023, U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, sent a letter to the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC)...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

Cooley LLP

New Hart-Scott-Rodino Act Thresholds and Filing Fees Announced

Cooley LLP on

The Hart-Scott-Rodino (HSR) Act thresholds, which govern when acquisitions must be reported to the Department of Justice and Federal Trade Commission, will increase slightly more than 10% in February 2023. The minimum...more

Faegre Drinker Biddle & Reath LLP

New HSR Act Size-of-Transaction Increasing to $111.4 Million; New HSR Act Filing Fees Going Into Effect Next Month

On January 26, 2023, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more

A&O Shearman

UPDATE: FTC’s Updated Filing Fees, Increased HSR Thresholds and Increased Interlocking Directorate Thresholds for 2023

A&O Shearman on

The new Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”) thresholds will go into effect on February 27, 2023 and will apply to all transactions closing on or after that date. As previewed in...more

Latham & Watkins LLP

Annual HSR Threshold Adjustments Announced for 2023

Latham & Watkins LLP on

FTC adjusts the Hart-Scott-Rodino Act size thresholds, raising the minimum size for reportable acquisitions to $111.4 million. On January 23, 2023, the Federal Trade Commission (FTC) announced new jurisdictional thresholds...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

Dorsey & Whitney LLP

Increase in HSR Reportability Thresholds and Other HSR Developments

Dorsey & Whitney LLP on

In January 2023, the Federal Trade Commission (FTC) made three important announcements for M&A practitioners. This article summarizes the HSR Act’s requirements and reports on relevant developments in 2022....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

Woodruff Sawyer

Interlocking Directorates: The DOJ’s Latest Target

Woodruff Sawyer on

In 2021, the Biden administration pledged to ramp up antitrust enforcement efforts through an executive order. The next year, the Department of Justice’s Assistant Attorney General Jonathan Kanter announced the agency would...more

Polsinelli

Promise Made, Promise Kept: The Justice Department Follows Through With Interlocking Directorate Enforcement

Polsinelli on

On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more

Venable LLP

DOJ Makes Good on Promise to Actively Prosecute Interlocking Directorships

Venable LLP on

​​​​​​​Back in April 2022, Assistant Attorney General (AAG) Jonathan Kanter hinted very strongly that the Antitrust Division of the Department of Justice (DOJ) would be looking at Section 8 violations of the Clayton Act. That...more

The Volkov Law Group

Antitrust Division Keeps on Pushing and Announces Initial Settlements of Potentially Illegal Interlocking Directorates

The Volkov Law Group on

The Antitrust Division announced last year that it intended to reinvigorate enforcement of Section 8 of the Clayton Act, which prohibits directors and officers serving simultaneously on the boards of competitors (with limited...more

Foley & Lardner LLP

How To Assess Interlocking Directorates In Antitrust Ramp-Up

Foley & Lardner LLP on

Recent activity and statements from the U.S. Department of Justice and Federal Trade Commission signal that the federal agencies are likely to be more aggressive in pursuing enforcement against what they identify as...more

Morrison & Foerster LLP

U.S. Antitrust Authorities’ Recent Scrutiny of Interlocking Directorates Signals Escalation of Enforcement Under Section 8 of the...

Morrison & Foerster LLP on

Recent scrutiny of interlocking directorates – when a person serves as an officer or board director of two competing corporations – by the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission...more

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