Tag: Competition

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Last week, I spoke about a topic that has attracted a lot of popular interest in antitrust enforcement lately—vertical merger enforcement. We view vertical mergers as an important part of the FTC’s enforcement agenda. However, it is true that, relative to horizontal mergers, vertical...
When Acting Chairman Ohlhausen launched the FTC’s Economic Liberty Task Force in early 2017 to shine a spotlight on occupational licensing, the goal was not only to advocate for needed reforms. She also wanted to give a voice to the millions of American workers and consumers –...
When preparing an HSR filing for a proposed acquisition, some practitioners counsel their clients not to submit binding agreements or side letters negotiated between the merging parties that reflect the parties’ antitrust review obligations, risk-sharing commitments, and potential...
The staff of the Premerger Notification Office processes, reviews, and answers inquiries related to around two thousand transactions, involving roughly 4,000 HSR filings, each year. The number one priority of the PNO is to process incoming HSR filings in a timely fashion so Bureau of...
On Monday, November 27, 2017, the Premerger and Division Statistics Unit of the Antitrust Division of the Department of Justice is relocating to the Liberty Square Building at 450 Fifth Street, N.W.As of November 27, 2017, all mail and overnight deliveries related to HSR filings...
If you’re a competition policy wonk (a title we both wear proudly), we probably don’t need to convince you to stop by or tune in to the FTC’s upcoming November 7 roundtable discussion to explore ongoing research about the effects of occupational licensing on competition, consumers,...
Recently, the Bureau of Economics published "Conditional Pricing Practices -- A Short Primer" as part of its Economic Issues series.
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...

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