Tag: Competition

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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...
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. Rather than submitting a complete privilege log for all withheld documents and...
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,...
Moving to a new state can be daunting—packing, finding a new place to live, looking into options for schools, and finding the best local pizzeria. But if you’re one of the millions of Americans who need a license in order to work, the biggest hurdle could be getting a license in your...
Chirping birds, babbling brooks, soft rain showers, and children gleefully playing outdoors – these sounds of spring bring us joy, especially after a long winter. But for the millions of Americans who have hearing loss, full enjoyment of these and other everyday sounds can be out of...
On January 18, 2017, the Commission settled its recent challenge to the 2013 acquisition by Questcor Pharmaceuticals, Inc. (subsequently acquired by Mallinckrodt plc) of rights to the drug Synacthen from Novartis AG.
Yesterday, I spoke to a group of antitrust practitioners and those involved in healthcare policy at AAI’s Healthcare Roundtable, where I discussed past and present FTC work to promote competition in healthcare markets.
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 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 400 markets, with 79 divestitures to 121 buyers. We evaluated 50 of those orders using...
With some exceptions, Section 8 of the Clayton Act prohibits the same individual from serving as an officer or director of two competing corporations. Like other portions of the forward-looking Clayton Act (including Section 7 with its proscription on mergers that are likely to harm...
It was another busy year for antitrust news.  Here’s my look back at the top ten FTC-related antitrust developments for the year that was 2016 (in chronological order):
This week, Chairwoman Edith Ramirez and FTC International Affairs staff are participating in discussions on geographic market definition, trade-offs between merger prohibition and conditional clearance,
When submitting a Hart-Scott-Rodino (HSR) premerger notification filing to the FTC and DOJ, a filing party must complete the HSR Form. The HSR Form requires detailed information about the transaction and the filing party’s business, and requires the submission of certain documents...
Everyone seems to have a view about the so-called “Sharing Economy.” At our June 2015 workshop, panelists spoke for seven hours.
More than 40 million U.S. consumers benefit from contact lens competition. Demand for contact lenses has been growing over the past decade, and there are more places for consumers to shop for contact lenses and refill their prescriptions – in-person from eye-care providers, optical...
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 of Paragon Holdings reduced competition for polymer discs (aka buttons) used to make...
Looking for a new job can be stressful, whether you are a new worker applying for your first job or a highly trained professional seeking to advance in your career. The last thing a job-seeker should have to worry about is a back-room deal among employers that keeps her from getting...
The Premerger Notification Office is often asked to give guidance on how to determine the value of a proposed merger or acquisition in light of the size of transaction test. The size of transaction test excludes transactions from the reporting requirements of the Hart-Scott-Rodino Act...
On August 26, 2016, the FTC, with the concurrence of the Antitrust Division of the Department of Justice, took steps to make the process of completing and submitting Hart-Scott-Rodino premerger notification filings easier. The effective date of the new rules is today, September 1,...
Last week, Fortiline settled charges that it invited a competing seller of ductile iron pipe (DIP) to fix prices. This is the first case in which the FTC has challenged an invitation to collude by a firm that is in both a horizontal relationship (i.e., direct competitor) and a...

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