Tag: Competition

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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 a deal to avoid or delay an HSR filing may subject the merging companies to...
Parties regularly present their arguments and defenses of conduct and mergers to the Front Office of the Bureau if staff has recommended a challenge. A surprising number of these presentations begin with a recap of “how we got here” that includes various complaints about the...
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 Technology Enforcement Division.
In The Wizard of Oz, Dorothy was told to ignore the man behind the curtain. Some may argue that the same guidance applies to ancillary parts of a merger or joint venture agreement. These can include non-solicitation and non-compete provisions. Even when such provisions are ancillary...
The FTC’s Bureau of Economics is updating its guidance regarding the best practices for submitting data and economic analysis related to antitrust investigations. BE routinely engages in econometric analysis of data obtained from the parties, third parties, and independent data...
Are you a fast-learning, tech-savvy professional driven to use your expertise to help ensure that competitive technological innovation benefits consumers? Then the FTC may have a unique opportunity for you to work in Washington, D.C. alongside antitrust attorneys and economists...
The Front Office of the FTC’s Bureau of Competition receives a great deal of advocacy from the bar. Virtually every day, parties and their counsel make arguments and present evidence to us regarding the various merger and conduct matters handled by the Bureau’s various Divisions...
Whether you’re taking the midnight train to Georgia, a quick trip on MARTA, or a drive around the Perimeter on your way to one of the many Peachtree Streets, meet us in Atlanta on Thursday, August 15, 2019, for Green Lights & Red Flags: FTC Rules of the Road for Business.
The wellness strategy of the moment is mindfulness: focusing on the present and being completely aware of your situation. Even in the corporate sphere, there are good reasons for anyone in governance to take a self-assessment. Am I living in the now, what is my position in the world,...
Crafting effective merger remedies is one of the Commission’s most important tasks. Done well, a divestiture prevents the competitive harm likely to result from a proposed merger and ensures that competition remains as robust as it was premerger.
Last week, Bureau of Competition staff published a report on filings received in fiscal year (FY) 2016 under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), the thirteenth such report since the MMA took effect in 2004.
On May 1, the Federal Trade Commission registered for the International Competition Network’s Framework for Competition Agency Procedures (CAP), making it a founding member of the ICN’s most recent initiative to promote fair and informed competition enforcement procedures around the...
Designing effective merger remedy orders is one of the Commission’s most important tasks. An effective merger remedy prevents the merger from causing harm.
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...
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...
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...
The PNO routinely provides informal guidance on Hart-Scott-Rodino reporting obligations that arise when combining not-for-profit entities, typically in the context of hospital combinations. In the past, much of this guidance focused on whether the combination resulted in a change of "...
Lawyers who have been paying attention to such things might recall the predicted fallout from the decision in Akzo Chemicals Ltd v. European Commission, Case C-550/07-P (September 14, 2010). In Akzo, the ECJ held that internal communications between in-house counsel and their...
This week, we are celebrating the 100th anniversary of the opening of the first FTC regional office. According to the Commission’s 1918 Annual Report, the FTC first established three branch offices in New York, Chicago, and San Francisco in order to handle the agency’s growing...
Last month, Judge Tanya S. Chutkan of the United States District Court for the District of Columbia granted the FTC’s Motion for Preliminary Injunction, halting Wilhelmsen’s proposed acquisition of Drew Marine following a 10-day hearing.

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