Tag: Competition

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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...
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...
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...
Today the FTC and DOJ released the 38th Annual Hart-Scott-Rodino Report, which details the agencies’ merger review and enforcement program for Fiscal Year 2015 (October 1, 2014 through September 30, 2015). This report, like the 37 previous versions, is a snapshot of one year’s worth...
I am happy to announce that Chuck Loughlin will replace Tara Reinhart as Chief Trial Counsel for the Bureau when Tara leaves the Commission later this week.  Chuck joined the Bureau in September 2015, as the Deputy Chief Trial Counsel of the litigation group, bringing over 20 years...
Look at any recent merger settlement accepted by the Commission and the answer is clear: An acceptable merger remedy must eliminate the potential for anticompetitive effects that would likely occur if the merger were to proceed. Typically this means creating another competitor to...
Last year, federal agencies, including the FTC, were instructed to adjust the maximum civil penalties for violations of laws they enforce. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust penalty amounts using the “catch-up”...
Looking for ways to celebrate the summer solstice? Tune in to the FTC's workshop on competition and consumer protection issues in solar energy. Tomorrow, on June 21, scientists, academics, regulators, and other industry experts will come together for a series of presentations and...
The legal services marketplace, like many sectors of the economy, is experiencing dynamic change. Among other things, clients have demanded more cost-effective and efficient services, and legal services providers increasingly use computer technologies to deliver their services....
The PNO handles Hart-Scott-Rodino Premerger Notification Filings for well over a thousand transactions each year. Each transaction requires the acquiring person to pay an HSR filing fee, which must be paid within two days of filing an HSR Form in order for the HSR waiting period to...

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