May 2016

Corporate or Non-Corporate? A New Approach To Classifying Foreign Entities Under HSR Rules

Under the Hart-Scott-Rodino (HSR) Act and Rules, determining whether a U.S. entity is a corporation or a non-corporate entity (like an LLC or LP) is relatively clear.  For foreign entities, the answer is often not so clear. Yet this determination can have important implications for HSR reportability and the applicability of certain exemptions (e.g., 16 CFR §§ 802.9, 802.51).

Health-y reading

Now available on the FTC website: the Bureau of Competition’s Health Care Division has posted updated versions of our three overviews of FTC enforcement actions and policy work in the health care sector undertaken across the Bureau. Together, these documents contain hundreds of pages of detailed summaries of four decades of FTC efforts to promote competition in healthcare markets – which make them invaluable resources for health care antitrust practitioners, market participants, and other stakeholders.

What’s the interest in partial interests?

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 acquisition. But sometimes companies acquire only a partial interest in a competitor – and such an interest, even a minority interest, can raise antitrust concerns, too.

Shining a light on solar power

Look up and you just might see one: solar panels are on top of more homes and businesses than ever before. Around the country, rooftop solar is an increasingly important source of electricity. For many customers with solar panels, solar power provides most of their electricity; many even sell power back to the power company.