Articles and Blogs

The antitrust agencies have been active this month, bringing compliance with the Hart-Scott-Rodino (“HSR”) Act to the forefront. The HSR Act requires companies to file premerger notifications with the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) for certain transactions. FTC Fines Gun-Jumpers On January 7, 2025, the... READ MORE

On January 7, 2025, the Federal Trade Commission (“FTC”) announced that several crude oil producers will pay a record $5.6 million in civil penalties to settle allegations of premerger “gun-jumping” in violation of the Hart-Scott-Rodino (“HSR”) Act. Parties to a merger violate the antitrust laws when a buyer takes operational control over the seller,... READ MORE

On October 10, 2024, the Federal Trade Commission (“FTC”) announced their unanimous vote to finalize changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the Hart-Scott-Rodino (“HSR”) Act. The HSR Antitrust Improvements Act of 1976, as amended, requires all persons contemplating certain mergers or acquisitions that... READ MORE

On October 10, 2024, the Federal Trade Commission (“FTC”) announced their unanimous vote to finalize changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the Hart-Scott-Rodino (“HSR”) Act. The HSR Antitrust Improvements Act of 1976, as amended, requires all persons contemplating certain mergers or acquisitions that... READ MORE

As a part of a broad omnibus spending bill passed by Congress, President Biden signed into law the Merger Filing Fee Modernization Act on December 29, 2022. The Merger Filing Fee Modernization Act includes the first changes to the merger filing fees required by the Hart‑Scott-Rodino Act (“HSR Act”) in over twenty years. While... READ MORE

Mergers and acquisitions in the health care industry present unique challenges that are not often present when undertaking similar transactions in other industries. Because of health care’s highly regulated nature, parties may falter if a health care transaction is not reviewed and negotiated carefully with respect to the distinct concerns that health care presents. ... READ MORE

In response to the spread of novel coronavirus (“COVID-19”), the Federal Trade Commission (the “FTC”) and the Department of Justice (the “DOJ”) have issued guidance on how COVID-19 will impact merger review and filings under the Hart-Scott Rodino (the “HSR”) Act. On March 13, 2020, the FTC and DOJ suspended the submission of hard... READ MORE