Tag: Bureau of Competition

Displaying 1 - 20 of 108 results.

Pages

Filtering by content type: Blog Post

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...
Under the Hart-Scott-Rodino (HSR) Act and Rules, determining whether a U.S. entity is a corporation or a non-corporate entity (like an LLC or LP) is relatively clear.  For foreign entities, the answer is often not so clear. Yet this determination can have important implications for...
Most mergers reviewed by the Commission involve the acquisition of an entire company, or an identifiable set of assets – that is, the buyer seeks to control the assets of the seller through an acquisition. But sometimes companies acquire only a partial interest in a competitor – and...
Recently, President Obama issued a call to all executive departments and agencies “to promote competition, arm consumers and workers with the information they need to make informed choices, and eliminate regulations that restrict competition without corresponding benefits to the...
Once a year, the ABA Antitrust Section Spring Meeting presents the perfect occasion to take stock of the Bureau’s work. This has been an especially busy year for the Bureau of Competition, requiring extraordinary effort from our attorneys and support staff to keep up with the...
For more than 15 years, one of the FTC’s top priorities has been to put an end to anticompetitive reverse-payment settlements between brand-name drug makers and their potential generic rivals. In our view, these settlements are anticompetitive agreements not to compete in which the...
Ten years ago this month, the FTC and DOJ issued the Commentary on the Horizontal Merger Guidelines.
“Oh, if I could but live another century and see the fruition of all the work for women. There is so much yet to be done.” – Suffragist Susan B. Anthony (1820-1906) The consumer movement, trust-busting, the women’s movement, and the work of the FTC have traveled parallel (and often...
There is a basic but important difference between antitrust cases brought by the government and those brought by private parties: All plaintiffs, including government enforcers like the FTC, must prove an antitrust violation, which requires showing harm to competition. But private...
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...
Since 2004, brand-name and generic drug manufacturers have filed certain agreements with the FTC and DOJ as required by the Medicare Prescription Drug, Improvement and Modernization Act (also known as MMA filings).
It’s been a busy year for antitrust news. And in case you missed any particular event, here’s my list of the top ten FTC-related antitrust developments for 2015:
For many of us, the holiday season involves at least one loooong automobile ride. We travel over the river and through the woods in our beloved cars, our trunks stuffed with presents for family and friends. Today, the way we buy those presents and the way we buy the car that carries...
The New York State Public Service Commission is on a path to move away from traditional cost-of-service regulation for electric utilities. This is good news for New York consumers who might be looking to lower their electric bill or reduce their reliance on the power grid. In fact,...
During an antitrust investigation, we often hear that our concerns fail to account for disruptive forces that will soon emerge and shake up the competitive dynamic in the market in the near future—from an innovative newcomer or from the emergence of a completely new business model. ...
With a tinge of both nostalgia and anticipation, I am pleased to announce a number of management changes at the Bureau. As you may have heard, Deputy Director Steve Weissman will be returning to private practice shortly. Steve is heading back to Baker Botts, where he will help lead...
If the Commission is to attain the objectives Congress envisioned, it cannot be required to confine its road block to the narrow lane the transgressor has traveled; it must be allowed effectively to close all roads to the prohibited goal, so that its order may not be bypassed with...
The Hart-Scott-Rodino statute and rules contain a number of reporting thresholds for transactions subject to premerger notification filing with the FTC and DOJ. In this post, we are going to focus on how to value publicly traded stock in order to determine reportability under the...
Antitrust law seeks to promote efficiency and economic welfare. But companies may want to collaborate to advance other social objectives. I recently spoke at a program entitled “Antitrust Law and Corporate Social Responsibility,” hosted by the Council for International Business. The...
Earlier this year, the U.S. Supreme Court ruled that the North Carolina State Board of Dental Examiners violated the federal antitrust laws by preventing non-dentists from providing teeth whitening services in competition with the state’s licensed dentists. N.C. State Bd. of Dental...

Pages