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Merger Review
How Mergers are Reviewed Among the key provisions in U.S. antitrust law is one designed to prevent anticompetitive mergers or acquisitions. Under the Hart-Scott-Rodino Act, the FTC and the Department...
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Competition Matters
Control no longer controlling for HSR reporting of not-for-profit combinations
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The PNO routinely provides informal guidance on Hart-Scott-Rodino reporting obligations that arise when combining not-for-profit entities, typically in the context of hospital combinations. In the...
Competition Matters
U.S. Privilege Following Akzo Nobel v. European Commission
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Lawyers who have been paying attention to such things might recall the predicted fallout from the decision in Akzo Chemicals Ltd v. European Commission, Case C-550/07-P (September 14, 2010). In Akzo...
Competition Matters
FTC at work outside the Beltway
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This week, we are celebrating the 100th anniversary of the opening of the first FTC regional office. According to the Commission’s 1918 Annual Report, the FTC first established three branch offices in...
Competition Matters
Lessons from FTC v. Wilhelmsen for merger practitioners
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Last month, Judge Tanya S. Chutkan of the United States District Court for the District of Columbia granted the FTC’s Motion for Preliminary Injunction, halting Wilhelmsen’s proposed acquisition of...
Competition Matters
It takes less time to do a thing right
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Longfellow said “It takes less time to do a thing right than to explain why you did it wrong.” We agree, especially when it comes to designing effective merger remedies—ones that maintain competition...
Competition Matters
Timing is everything: The Model Timing Agreement
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The Bureau of Competition has undertaken several initiatives to streamline our merger review process in order to reach swifter resolutions—whether that be clearance, a negotiated settlement, or a...
Competition Matters
Oorah, Hooah, and Hooyah: the Florida Bar eases licensing for military spouses
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July is Military Consumer Month, so it’s the perfect time to consider the unique challenges of America’s military members and their families. Among the many sacrifices made by military families are...
Competition Matters
FTC launches first Web API to make Early Terminations more accessible
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An important aspect of the FTC’s Premerger Notification Program is the granting of early terminations. Any person filing an HSR form may request that the waiting period be terminated before the...
Competition Matters
Coming Soon: what’s new in residential real estate brokerage competition?
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More than ten years ago, the FTC and the Department of Justice published a joint report outlining some concerns about impediments to competition in the residential real estate industry. At an upcoming...
Competition Matters
You don’t have to write a check to acquire an HSR-reportable interest
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If your HSR compliance program tracks only those acquisitions that require a payment, you may miss a variety of reportable acquisitions, leading to liability and fines for failures to file. In most...
Competition Matters
Avoiding antitrust pitfalls during pre-merger negotiations and due diligence
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Most antitrust practitioners are attuned to advising clients about the antitrust risk that a proposed acquisition may violate Section 7 of the Clayton Act. But counsel and clients must also be...
Competition Matters
Insights into contact lenses: FTC workshop will focus on the Contact Lens Rule
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The FTC is eyeing its Contact Lens Rule and has announced the agenda for a March 7, 2018 workshop, The Contact Lens Rule and the Evolving Contact Lens Marketplace. The Contact Lens Rule, in place...
Competition Matters
HSR threshold adjustments and reportability for 2018
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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...
Competition Matters
Vertical mergers, yesterday and today
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Last week, I spoke about a topic that has attracted a lot of popular interest in antitrust enforcement lately—vertical merger enforcement. We view vertical mergers as an important part of the FTC’s...
Competition Matters
Voices for Liberty Videos: “Fireside chat” participants explain burdens of unnecessary occupational licensing
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When Acting Chairman Ohlhausen launched the FTC’s Economic Liberty Task Force in early 2017 to shine a spotlight on occupational licensing, the goal was not only to advocate for needed reforms. She...
Competition Matters
“All” means All: Submit side agreements with an HSR filing
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When preparing an HSR filing for a proposed acquisition, some practitioners counsel their clients not to submit binding agreements or side letters negotiated between the merging parties that reflect...
Competition Matters
You can’t certify substantial compliance with just a “Partial Log”
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In order to reduce the burden associated with submitting detailed information for every document withheld on a claim of privilege, the Bureau has established an optional two-step privilege log process...
Competition Matters
Getting in Sync with HSR Timing Considerations
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The Hart Scott Rodino (HSR) Act and Rules require that parties to certain mergers and acquisitions submit premerger notification filings and wait before consummating the transaction. Parties must...
Displaying 4881 - 4900 of 4986