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Competition Matters

Looking back (again) at FTC merger remedies

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The newly released Remedy Study is the culmination of nearly two years of effort by FTC staff to look back at Commission merger orders from 2006 through 2012. We looked at 89 merger orders affecting...
Competition Matters

Taking a hard look at the asset package

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On Monday, the FTC accepted for public comment a proposed consent order involving a consummated merger in the eye care industry. According to the complaint , Valeant Pharmaceuticals’ 2015 acquisition...
Competition Matters

What’s the interest in partial interests?

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Most mergers reviewed by the Commission involve the acquisition of an entire company, or an identifiable set of assets – that is, the buyer seeks to control the assets of the seller through an...
Competition Matters

A fine balance: toward efficient merger review

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One of the key functions of the Bureau of Competition is to analyze mergers. Obtaining information through Second Requests is an essential aspect of our review process for proposed acquisitions. Even...
Competition Matters

HSR Rule 802.5: the Investment Rental Property Exemption

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Every day, the PNO receives many inquiries for interpretations of the Hart-Scott-Rodino statute and rules. Recently, several questions have related to transactions involving rental property, which...
Competition Matters

Monitors: Expert eyes and ears in Commission orders

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The ability to appoint a monitor is an important tool in building a successful merger remedy. The boilerplate-style language FTC uses in merger orders when appointing a monitor belies the unique and...
Competition Matters

The not-so-big news about Big Data

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Everywhere these days, folks are talking about big data. (Apparently, even machines are talking amongst themselves using big data in an ecosystem called the Internet of Things.) Last week, Chairwoman...
Competition Matters

Running time

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“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...
Competition Matters

A license that is more than a license

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Today, the Commission accepted for public comment a proposed order designed to preserve competition after the merger of CoreLogic and DataQuick , two of only three firms that license national assessor...
Competition Matters

Un-consummated merger

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Today, five years post-consummation, the Commission approved Polypore International, Inc.’s application to sell Microporous , a competitor it purchased in 2008. Polypore was ordered to divest the...
Competition Matters

Location and value of patents

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Each year, the Premerger Notification Office answers thousands of letters, phone calls, and emails regarding the Hart-Scott-Rodino rules, giving informal advice on the potential reportability of...
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