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Competition Matters

The hearing may be virtual, but the rules are the same

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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...
Competition Matters

Real deadlines and real consequences

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Recently, Alimentation Couche-Tard and CrossAmerica Partners (collectively ACT) agreed to pay a $3.5 million civil penalty to settle allegations that they violated a Commission divestiture order that...
Competition Matters

Eyes Wide Open: There are no blinders in merger reviews

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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...
Competition Matters

Real-Time Transparency for HSR Transaction Numbers

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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...
Competition Matters

A Busy Six Months

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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...
Competition Matters

Leadership Changes in the Anticompetitive Practices Division

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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...
Competition Matters

On “Failing” Firms — and Miraculous Recoveries

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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...
Competition Matters

HSR Filing Fees – Reminders and Tips

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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...
Competition Matters

Yes, we’re hiring another AD!

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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...
Competition Matters

We’re hiring a new AD!

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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...
Competition Matters

Resuming early termination of HSR reviews

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On Friday, March 13, as part of the Bureau’s response to the COVID-19 coronavirus situation, and in partnership with the Antitrust Division of DOJ, we announced that the Bureau’s Premerger...
Competition Matters

HSR threshold adjustments and reportability for 2020

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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

Leadership Changes

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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...
Competition Matters

The closest competitor is not the only competitor

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More and more, merging parties argue that their merger does not raise competition concerns because they are not each other’s closest competitors. Parties have advanced this argument even in markets...
Competition Matters

Avoidance devices won’t avoid HSR penalties

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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 an important point: restructuring...
Competition Matters

Developing the Antitrust Bar

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For the good of the antitrust bar and our entire profession, the BC Front Office encourages parties to give associates, counsel, and newer partners more opportunities to present to the Bureau and the...
Competition Matters

What’s in a Name? Ask the Technology Enforcement Division

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The Bureau of Competition is pleased to announce the conversion of the Technology Task Force into a permanent division in the Bureau of Competition. Effective October 1, 2019, it has become the...