The uphill case for a post-Order divestiture
By: Ian Conner, Bureau of Competition | Mar 21, 2019 2:59PM
Designing effective merger remedy orders is one of the Commission’s most important tasks. An effective merger remedy prevents the merger from causing harm.
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Compliance reports: Reinforcing a commitment to effective orders
By: Roberta Baruch and Bruce Hoffman, Bureau of Competition | Mar 11, 2019 9:36AM
Commission orders – both from negotiated settlements and from litigated matters – routinely require Respondents to submit periodic reports on their efforts to comply with the order. (See also Commission Rule 2.41(a)). Ensuring compliance with Commission orders designed to remedy prior violations of antitrust law, and to prevent future recurrence, is a critical part of the FTC’s enforcement mission.
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HSR threshold adjustments and reportability for 2019
By: the Premerger Notification Office Staff | Mar 7, 2019 10:11AM
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.
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The FTC takes its subpoenas and CIDs seriously – and you should, too
By: Burke Kappler, Attorney, FTC Office of General Counsel | Mar 6, 2019 11:23AM
The FTC’s ability to obtain information through subpoenas and civil investigative demands (CIDs) is critical to the task of investigating potential law violations. The FTC uses this authority deliberately and responsibly, avoiding unnecessary burdens on businesses and individuals and consistent with our obligations to enforce the law.
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