Tag: Competition

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The FTC’s status as an independent agency, secured in an early constitutional challenge to the FTC Act, was tested during the early years of the Cold War when the agency’s international work provoked a national security debate at the highest levels.
Per an executive order by President Obama, executive branch non-Postal Service employees are excused from duty on Friday, Dec. 26, 2014. The Premerger Notification Office will not be open to accept HSR filings on that date. Please note that this will not change HSR waiting periods....
Each day companies seek out market information to gain insights on how to compete more effectively.  When companies compete more effectively, that can be good for consumers, making more and better goods and services available to them at lower prices. But when competing companies seek...
Every day, the Premerger Notification Office processes premerger notification filings for transactions reportable under the Hart-Scott-Rodino Act. The numbers are daunting: over 1,400 transactions requiring more than 2,800 filings in an average year. Not only does the PNO keep up...
I am pleased to announce the addition of two highly experienced antitrust litigators to the Bureau of Competition.  In a happy coincidence of timing, David Laing and Tara Reinhart will both be joining the Bureau from private practice on December 15. They will report directly to...
As the FTC celebrates its Centennial, we are thankful for all of the very talented folks who chose to spend part or all of their career with us protecting consumers and promoting competition. You can visit FTC Moments to read, hear, or watch as present and former FTC’ers share...
From its earliest days, the Commission has used its authority under Section 6 of the FTC Act to gain a deep understanding of competitive conditions in a variety of industries. In its first two decades alone, the FTC produced more than 100 studies or responses to general inquiries,...
This is a special week for the Federal Trade Commission. On Thursday evening, November 6, along with the Antitrust Section of the ABA, the FTC will host our 100th Anniversary Dinner, a public event for FTC staff, alumni, friends, and supporters. Information about the event and...
Here’s another common question we receive from retailers: A manufacturer is placing restrictions on the way I price its products. I think this is anticompetitive. Is it a violation of the antitrust laws for a manufacturer to tell me what price to charge? In most situations, a...
One hundred years ago today, President Woodrow Wilson signed the Clayton Act, just weeks after signing the Federal Trade Commission Act. Together, these statutes gave the federal government new tools to deal with the growing threat of the trusts: a bipartisan five-member Commission...
The FTC has been a consistent proponent of competition in health care markets, utilizing our full range of study, advocacy, and enforcement tools. We are equally proud of our track record in promoting innovation and responding to new technological developments throughout our 100-year...
One hundred years ago today, the New York Times’ news pages were filled with coverage of the outbreak of World War I in Europe. There were stories about the newly opened Panama Canal and the growing movement for women’s suffrage. For $200, an ad in the paper offered readers the...
In recent years, the U.S. health care sector has seen numerous innovations in the way care is organized and reimbursed (e.g., accountable care organizations, bundled payments, etc.), all with the goal of reducing expenditures and improving quality. One innovation that has received a...
The PNO handles Hart-Scott-Rodino Premerger Notification Filings for well over a thousand transactions each year. When you submit an HSR Form with all the required information, the PNO can quickly review the filing, and if necessary, forward it to the investigative staff who will...
I recently spoke at a conference at the American Antitrust Institute.
As the calendar makes clear, summer is nearly over. For some, the transition to fall provokes thoughts of falling leaves, sharpened pencils, and warm beverages. For others, the end of summer means mulling over player rankings, sleepers, and early round strategies. While others have...
Our recent civil penalty action involving Berkshire Hathaway’s failure to file the required Hart-Scott-Rodino notification is a reminder to investors to be alert to common filing mistakes. It is also a reminder that every investor—companies and individuals alike—needs to have a...
This is the email that the sender thought was a friendly introduction to two competitors but ended with today’s charges that the sender violated the FTC Act:
“The clock” is a central part of a merger lawyer’s life. HSR merger review is all about managing the clock effectively. Here are some things we’ve been known to say: Is the clock running? When does the clock start? How much time is on the clock? 
It is a time of unprecedented change in the way health care services are provided and paid for in this country. As with other sectors of our economy that have experienced dramatic change, industry participants are reacting by developing new models, learning from their experiences,...

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