Competition Matters

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 frequent relocations, typically every 2 or 3 years. Moving to a new duty station often means that the member’s spouse must find a new job in a new state. For spouses who need a state-issued license to work, each move can involve paperwork, fees, and delays in order to obtain a new license.

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.

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 conscious of the risks of sharing information with a competitor before and during merger negotiations—a concern that remains until the merger closes.

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 product. As a result, reportability under the Act changes from year to year as the statutory thresholds adjust. The PNO fields many questions about the upcoming adjustments to the HSR thresholds from parties whose transactions may take place around the time of the revisions.

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 also wanted to give a voice to the millions of American workers and consumers – especially military families – whose lives and livelihoods are impacted by misguided policies.

The staff of the Premerger Notification Office processes, reviews, and answers inquiries related to around two thousand transactions, involving roughly 4,000 HSR filings, each year. The number one priority of the PNO is to process incoming HSR filings in a timely fashion so Bureau of Competition and Antitrust Division litigation staff can review filings of interest and we can clear non-problematic transactions for closing as quickly as possible.

If you’re a competition policy wonk (a title we both wear proudly), we probably don’t need to convince you to stop by or tune in to the FTC’s upcoming November 7 roundtable discussion to explore ongoing research about the effects of occupational licensing on competition, consumers, and the workforce. For the rest of you…please read on, and give us a chance to try.

Today the FTC and DOJ released the Hart-Scott-Rodino Annual Report for Fiscal Year 2016. The Report is the 39th accounting of the agencies’ premerger notification program under the HSR Act, and it covers all premerger notification and merger enforcement activity initiated between October 1, 2015 and September 30, 2016. Here is a data-driven summary of the Report.

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 often balance the HSR filing requirement with a number of other regulatory requirements, as well as any conditions to closing.