Displaying 1541 - 1560 of 1572
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
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
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...
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...
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Remedy Study
In January 2015, the FTC commenced a study of the effectiveness of the Commission’s orders in merger cases where it required a divestiture or other remedy. The study was intended to update and expand...
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
Milestones in FTC history: HSR Act launches effective premerger review
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Some will remember 1976 as the year of the nation’s bicentennial, but it was also the year that Congress gave the antitrust agencies an important tool to prevent harmful mergers before the harm occurs...
Displaying 1541 - 1560 of 1572