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March 2021

Mar 19, 2021

Once you’ve submitted a Hart-Scott-Rodino filing to the FTC’s Premerger Notification Office, make sure you receive official confirmation that your filing has been received. We’ve compiled important tips on communications regarding the status of filings and the applicable waiting period.

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Mar 12, 2021

On February 4, 2021, the Federal Trade Commission, with the support of the Department of Justice, announced the temporary suspension of granting early termination (ET)...

February 2021

Feb 17, 2021

When Congress passed the Hart-Scott-Rodino Antitrust Improvements Act of 1976, it created minimum dollar thresholds to limit the burden of premerger reporting. In 2000, it amended the HSR statute to require the annual adjustment of these...

January 2021

Jan 5, 2021

Sometime in the future, when we look back on the year that was 2020, it is likely that we will want to remember the good things that happened. And in the world of FTC antitrust enforcement, a lot of good things happened last year. In fact, any attempt to compile a list of the top 10 couldn’t do...

November 2020

October 2020

Oct 27, 2020

With the passage of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), Congress required pharmaceutical companies to file certain...

Oct 23, 2020

Executives and employees of modern businesses communicate with one another, and with suppliers and customers, in a wide variety of ways. Especially with the current challenges of in-person meetings, electronic exchanges are now the norm for doing business. Emails, memoranda, voicemails, SMS/text...

Oct 7, 2020

I am pleased to announce several leadership changes in the Bureau's Mergers I and Mergers IV Divisions.

Mark Seidman has been named as the Acting Assistant Director for the Mergers IV Division. Mark has served as Deputy Assistant Director for Mergers IV for the past six years. Prior to...

Oct 6, 2020

With the conclusion of FY2020, we look back on a year unlike any other in the history of the Bureau of Competition.  The year has been marked by a combination of exceptional commitment from the Bureau’s staff, enforcement achievements that would be remarkable in any year but which are nothing...

September 2020

Sep 22, 2020

Data To Go: An FTC Workshop on Data Portability begins at 8:30 Eastern Time this morning, Tuesday, September 22, 2020. Hosted by the FTC’s Bureau of...

Sep 10, 2020

“Take out” takes on a whole new meaning when it involves your data. Consumers and industry members are giving more thought to the issue of data portability – the ability of consumers to move data (such as emails, contacts, calendars, financial information,...

Sep 10, 2020

“Take out” takes on a whole new meaning when it involves your data. Consumers and industry members are giving more thought to the issue of data portability – the ability of consumers to move data (such as emails, contacts, calendars, financial information, health information, favorites, friends...

August 2020

Aug 14, 2020

It is generally a serious violation of our rules for counsel to pass private notes to a witness in an investigational hearing or deposition, or otherwise coach or consult with a witness, while a question is pending. 16 CFR 2.9(b)(1). Happily, violations of this rule are very rare. But, with the...

Aug 6, 2020

Recently, Alimentation Couche-Tard and CrossAmerica Partners (collectively ACT) agreed to pay a $3.5 million civil penalty to settle...

July 2020

Jul 20, 2020

The FTC's Bureau of Competition sometimes reviews proposed mergers against the backdrop of civil and criminal antitrust investigations or litigations leveled in the same industry. And at times, such investigations and litigations are leveled against the merger parties themselves. Those ongoing...

Jul 9, 2020

In response to increased interest in levels of M&A activity, the Bureau of Competition’s Premerger Notification Office (PNO) is responding in real-time by posting monthly figures for Hart-Scott-Rodino (HSR) Act filings.  Starting today, the PNO is posting monthly totals for the most recent...

Jul 8, 2020

As we head into the second half of 2020, it’s a good time to pause and take stock of the past six months of work in the Bureau of Competition.

Despite the challenges created by the COVID-19 pandemic, Bureau staff have not let up in fulfilling our...

May 2020

May 29, 2020

I am pleased to announce the appointment of a new manager in the Bureau of Competition: Patty McDermott has joined the Anticompetitive Practices Division as Deputy Assistant Director. Patty has served in the FTC’s Health Care Division since 2014, and received the Commission’s Louis D. Brandeis...

May 27, 2020

Over the past few years, the Bureau has faced a surprising number of failing firm claims by merging parties. Even when the economy was booming, we heard many iterations of the same argument: The acquired firm is failing. The acquiring firm is failing. Both firms are failing (which...

May 18, 2020

The PNO handles Hart-Scott-Rodino (HSR) premerger notification filings for thousands of transactions each year.  Filing fees are also required as part of the HSR premerger notification process.  Failure to pay the required fee on time will delay the HSR waiting period, but careful planning for...

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