News & Analysis as of

The Clayton Act

Troutman Pepper Locke

Elad v. NCAA – Testing the Legality of the NCAA’s JUCO Waiver Limits

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Rutgers University football player Jett Elad is one of the latest student-athletes to file a federal antitrust lawsuit against the National Collegiate Athletic Association (NCAA) in the U.S. District Court for the District of...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Merger Trials: Winning Strategies

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Proskauer Rose LLP

Proskauer Hedge Fund Trading Guide Chapter 4: Stock Acquisitions: Key Requirements and Timing Considerations of Hart-Scott-Rodino

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Proskauer’s Practical Guide to the Regulation of Hedge Fund Trading Activities offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It...more

Jenner & Block

Client Alert: FTC Challenges Medical Device Coating Transaction

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On March 7, 2025, the FTC filed a complaint in federal court seeking to block GTCR BC Holdings, LLC, a Chicago private equity firm, from acquiring Surmodics, Inc. The FTC alleges that Surmodics is the leading provider of a...more

Orrick, Herrington & Sutcliffe LLP

FTC adjusts maximum civil penalty amounts for 2025

On February 11, the FTC announced adjustments to the maximum civil penalty amounts for violations of 16 provisions of laws it enforces, as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act. The...more

Katten Muchin Rosenman LLP

FTC Settlement With Private Equity Firm Over Anesthesia Roll-Up Suggests No Special Treatment, or Free Pass, Under Second Trump...

On January 17, in the final days of the Biden Administration, the Federal Trade Commission (FTC) reached a settlement with private equity firm Welsh, Carson, Anderson, and Rowe (Welsh Carson) in lieu of bringing an...more

BakerHostetler

Article III and Rule 23: Fourth Circuit Holds That Individualized Article III Issues Preclude Class Certification

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For many causes of action, a plaintiff is required to establish an actual “injury” caused by the alleged violation of law. That requirement can be a powerful barrier to class certification if individualized factual inquiries...more

Wiley Rein LLP

What Just Happened at the FTC and CFPB: Wiley Consumer Protection Download (January 24, 2025)

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In the two weeks before Inauguration, both the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) released a flurry of rulemaking developments, policy announcements, and enforcement filings and...more

Mogin Law LLP

Biden Antitrust Teams' Reminders for Employers. Will Trump 2.0 Care?

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In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that...more

Ropes & Gray LLP

FTC Announces Revised HSR Filing Fees, Thresholds, Penalties, and Interlocking Directorate Thresholds for 2025

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The Federal Trade Commission (“FTC”) announced the new filing fees, along with the annual adjustment to jurisdictional thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”), as amended. The filing...more

Proskauer Rose LLP

FTC Announces 2025 Thresholds Under HSR Act and Clayton Act

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Primary HSR Filing Threshold will be Increased to $126.4 Million - The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior...more

A&O Shearman

Eastern District Of Virginia Overrules Objections To Proposed Divestiture Of Doorskin Manufacturing Plant

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On December 13, 2024, Judge Robert E. Payne of the Eastern District of Virginia, in a long-running private action that had previously found a consummated merger to be unlawful, overruled defendant’s objections to the required...more

Dorsey & Whitney LLP

Increase in HSR Reportability Thresholds and Filing Fees, and Other HSR Developments

Dorsey & Whitney LLP on

These announcements come alongside the impending overhaul of the Hart-Scott-Rodino (HSR) Act filing process scheduled to take effect on February 10, 2025—subject to potential delay based on President Trump’s January 20, 2025...more

White & Case LLP

FTC Announces Annual Changes to U.S. HSR Thresholds with Highest Filing Fees Now $2.39 Million

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The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification and filing fee thresholds, expected to go into effect in February 2025. The FTC is required by law to revise...more

BCLP

Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability

BCLP on

On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more

Faegre Drinker Biddle & Reath LLP

New HSR Act Size-of-Transaction Increasing to $126.4 Million

On January 10, 2025, 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

WilmerHale

HSR Size-of-Transaction Threshold to Increase to $126.4 Million

WilmerHale on

On January 10, 2025, the Federal Trade Commission (FTC) announced adjusted thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Effective 30 days after the official publication date of the adjusted...more

Pillsbury Winthrop Shaw Pittman LLP

FTC Announces HSR Threshold and Filing Fee Increases for 2025 Transactions

As a result of the increase in the U.S. Gross National Product (GNP) for 2024, the Federal Trade Commission (FTC) has announced an increase in the jurisdictional filing thresholds for the Hart-Scott-Rodino Antitrust...more

Perkins Coie

2025 Updates to HSR and Interlocking Directorate Thresholds

Perkins Coie on

The Federal Trade Commission (FTC) recently announced its annual adjustments to (1) the pre-merger notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing...more

Baker Botts L.L.P.

FTC Revises Merger Filing Fees and Jurisdictional Thresholds for HSR Act and Corporate Interlocks

Baker Botts L.L.P. on

On January 10, 2025, the Federal Trade Commission announced revised jurisdictional thresholds and a revised filing fee schedule under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). Also on January 10,...more

McCarter & English, LLP

2025 Updates to US Merger Filing Thresholds, Filing Fees, and Interlocking Directorate Exemptions

The Federal Trade Commission (FTC) announced on January 10, 2025, increased reporting thresholds for transactions. Annually, the FTC reviews and adjusts the premerger notification reporting thresholds for reporting...more

Mintz - Antitrust Viewpoints

FTC Announces 2025 Thresholds for HSR Act Filings and Interlocking Directorates Violations

The Federal Trade Commission (FTC) announced Friday increased jurisdictional thresholds for (1) notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing fee schedule,...more

Vinson & Elkins LLP

2025 Annual Updates to the United States Pre-Merger Notification (HSR Act) and Interlocking Directorates Thresholds

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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

Paul Hastings LLP

FTC Announces Increased HSR Thresholds and Filing Fees for 2025

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As expected, the mandatory notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act), will be increasing. The Size of Transaction threshold will jump from $119.5 million,...more

Dechert LLP

Minimum HSR Reporting Threshold Climbs to US$126.4 Million

Dechert LLP on

The minimum size-of-transaction threshold will increase from US$119.5 million to US$126.4 million, a more modest percentage increase than in recent post-pandemic years. Annual adjustments to dollar-based HSR reporting...more

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