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
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
The size-of-transaction threshold under the Hart-Scott-Rodino Act will increase to $119.5 million, and the largest filing fee will increase to $2.335 million. As a result of the increase in the U.S. Gross National Product...more
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
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
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
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
The Federal Trade Commission’s (FTC) recent multipronged challenge to EQT Corporation’s acquisition from the Quantum Energy Partners private equity investment group “marks the FTC’s first case in 40 years that enforces...more
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
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
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
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
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
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
The Antitrust Division of the US Department of Justice ("DOJ") continues to aggressively pursue alleged illegal interlocking directorates that violate Section 8 of the Clayton Act, and in particular, interlocks involving...more
In this article we discuss the evolving global attention towards a less common theory of harm: common ownership. We conclude by assessing the notably bullish approach taken by the Hellenic Competition Commission (the “HCC”),...more
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
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
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
The Federal Trade Commission recently announced revised thresholds (“2023 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national...more
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
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
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
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
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