Joint ventures combine elements of typical commercial agreements between entities with elements of full mergers or acquisitions. Therefore, they may be governed by both Section 1 of the Sherman Act and Section 7 of the Clayton Kit. Our resource kit includes materials...
Healthcare antitrust enforcement remains a high priority for the FTC. Our resource kit guides attorneys through healthcare industry merger and conduct investigations as well as day-to-day compliance issues. READ NOW » Related Content FTC Antitrust...
Our merger enforcement tracker helps you keep track of recent DOJ and FTC merger enforcement actions, including the DOJ’s recent challenge of Verzatec’s acquisition of Crane Composites. Read Now » Related Content FTC Antitrust Case Tracker...
Items 4(c) and 4(d) of the Hart-Scott-Rodino (HSR) notification form call for the production of certain documents about the transaction, including certain confidential information memoranda (CIM) and any documents prepared for the board that evaluate the transaction...
Discovery in antitrust cases is notoriously broad, burdensome, and expensive. Antitrust counsel can eliminate a certain amount of needless burden and expense by carefully considering (and where appropriate, collaborating in advance on) their plans for discovery...
Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits "unfair methods of competition," which include violations of the Sherman Act and also certain standalone violations, including invitations to collude. Our tracker keeps you up to date on recent...
The answer, of course, is that it depends. Our practice note helps you to identify how and why information exchanges might create antitrust risk. READ NOW » Related Content Horizontal Restraints Learn the basics of unlawful agreements between competitors...
Our fundamentals practice notes are great tools for newer associates, summer associates, or anyone working on their first antitrust assignment. Antitrust Law Fundamentals provides a background on the antitrust statutes, their history, and the enforcement scheme...
The FTC has exclusive authority to enforce Section 5 of the FTC Act, 14 U.S.C. § 45, which prohibits unfair methods of competition. The FTC may seek preliminary injunctive relief in federal court for incipient violations of the FTC Act, but may also seek final...
Although the antitrust agencies are not active in enforcing the Robinson-Patman Act, private litigation is ongoing. Stay up to date on current Robinson-Patman Act cases. READ NOW » Related Content Robinson-Patman Act Section 2(a) Price Discrimination...
The FTC and DOJ remain active in bringing cases against vertical mergers, including against transactions involving buyers Nvidia and United Healthcare. READ NOW » Related Content Current HSR Thresholds Chart Check the recently updated HSR thresholds...
The 2022 HSR thresholds are now in effect, as of last week. Review this chart for details! READ NOW » Related Content Federal Trade Commission and Department of Justice Antitrust Division Launch Public Inquiry Aimed at Modernizing Merger Guidelines...
The FTC and DOJ recently announced a public inquiry aimed at modernizing both the horizontal and vertical merger guidelines. The merger guidelines provide the framework that the agencies use when analyzing mergers under U.S. antitrust law. READ NOW » ...
Our Federal Merger Enforcement Tracker keeps you current on all recent FTC and DOJ consent decrees and litigated cases, including the FTC’s recent vertical challenge of Lockheed Martin’s acquisition of Aerojet. READ NOW » Related Content ...
HSR thresholds are adjusted annually based on changes to Gross National Product. The adjustments are typically announced in late January and take effect 30 days after publication in the Federal Register. The 2022 adjustments were published on January 24, 2022,...