Displaying 4341 - 4360 of 4438
Competition Matters
Avoiding antitrust pitfalls during pre-merger negotiations and due diligence
Date
Most antitrust practitioners are attuned to advising clients about the antitrust risk that a proposed acquisition may violate Section 7 of the Clayton Act. But counsel and clients must also be...
Competition Matters
Insights into contact lenses: FTC workshop will focus on the Contact Lens Rule
Date
The FTC is eyeing its Contact Lens Rule and has announced the agenda for a March 7, 2018 workshop, The Contact Lens Rule and the Evolving Contact Lens Marketplace . The Contact Lens Rule , in place...
Competition Matters
HSR threshold adjustments and reportability for 2018
Date
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...
Competition Matters
Vertical mergers, yesterday and today
Date
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...
Competition Matters
Voices for Liberty Videos: “Fireside chat” participants explain burdens of unnecessary occupational licensing
Date
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...
Competition Matters
“All” means All: Submit side agreements with an HSR filing
Date
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...
Competition Matters
You can’t certify substantial compliance with just a “Partial Log”
Date
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...
Competition Matters
Getting in Sync with HSR Timing Considerations
Date
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...
Competition Matters
Looking back (again) at FTC merger remedies
Date
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...
Competition Matters
Have a plan to comply with the bar on horizontal interlocks
Date
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...
Competition Matters
Resetting our views on HSR Items 4(c) and 4(d)
Date
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...
Competition Matters
Taking a hard look at the asset package
Date
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...
Competition Matters
Competitive job markets offer more than just fringe benefits
Date
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...
1610004 Informal Interpretation
Rule
Item 5
In this tolling agreement scenario, Company A should report in Item 5 the revenue for any sales that appear on the books of the US business of Company A, and do so using a wholesale NAICS Code.
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Competition Matters
LBOs and the size of transaction test
Date
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...
Competition Matters
Wiring your HSR filing fee just got easier
Date
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...
Competition Matters
Corporate or Non-Corporate? A New Approach To Classifying Foreign Entities Under HSR Rules
Date
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...
Competition Matters
What’s the interest in partial interests?
Date
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...
Competition Matters
Quo Vadis Post-Actavis?
Date
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...
Displaying 4341 - 4360 of 4438