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September 2020

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...

April 2020

Apr 8, 2020

I want to thank Mike Moiseyev for his dedication and commitment to the Bureau of Competition. Mike has led the Mergers I Division for the past 16-and-a-half years, becoming Assistant Director in 2003. Mike joined the Bureau of Competition in 1989, following law school. He has managed some of the...

Apr 6, 2020

I want to thank Kevin Hahm for his work in the Bureau of Competition and, most importantly, for his contribution to our competition enforcement. Kevin, most recently, the Assistant Director for the Mergers IV Division, has been an integral part of the reinvigoration of the hospital merger...

Apr 6, 2020

As we navigate uncharted waters in our work and home lives in response to the COVID-19 pandemic, a few changes have happened quickly.  We claimed “home office” space to take on the challenges of working remotely.  Bureau of Competition staff shifted from in-person meetings to conference calls,...

March 2020

Mar 31, 2020

Consumers have come to expect their devices to be portable, but what about their data? The FTC just announced Data to Go, a public workshop set for September 22, 2020,...

Mar 27, 2020

On Friday, March 13, as part of the Bureau’s response to the COVID-19 coronavirus situation, and in partnership with the...

Mar 16, 2020

Like many other agencies, organizations, and employers across the country, we in the Bureau of Competition are adjusting to the realities of working during the COVID-19 coronavirus crisis. As part of that adjustment, we are taking a variety of measures to respond to these new and challenging...

January 2020

Jan 31, 2020

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 thresholds based on the change in gross national...

Jan 29, 2020

I am pleased to announce several management changes in the Bureau of Competition. While Michael Moiseyev is on detail, Dan Zach is serving as Acting Assistant Director for the Mergers I Division. Dan has served as Deputy Assistant Director of Mergers I since 2012, and he...

November 2019

Nov 14, 2019

The Commission and Department of Justice’s recent case against Canon Inc. and Toshiba Corporation for violating the Hart-Scott-Rodino Antitrust Improvements Act makes...

Nov 5, 2019

Parties regularly present their arguments and defenses of conduct and mergers to the Front Office of the Bureau if staff has recommended a challenge. A surprising number of these presentations begin with a recap of “how we got here” that includes various complaints about the investigating staff...

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