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Competition Matters

HSR Early Termination After a Second Request Issues

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On February 4, 2021, the Federal Trade Commission, with the support of the Department of Justice, announced the temporary suspension of granting early termination (ET) under the Hart-Scott-Rodino Act...
Competition Matters

HSR threshold adjustments and reportability for 2021

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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

2020: Remote work with real results

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Sometime in the future, when we look back on the year that was 2020, it is likely that we will want to remember the good things that happened. And in the world of FTC antitrust enforcement, a lot of...
Competition Matters

File comments in HSR Rulemaking by February 1

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Earlier this fall, the Commission announced two separate rulemaking initiatives aimed at updating the rules and interpretations that implement the Hart-Scott-Rodino Act. After publication of the...
Competition Matters

MMA Reports: No tricks or treats—just facts

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With the passage of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA), Congress required pharmaceutical companies to file certain patent settlement agreements with the...
Competition Matters

“All Documents” means more than emails and files

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Executives and employees of modern businesses communicate with one another, and with suppliers and customers, in a wide variety of ways. Especially with the current challenges of in-person meetings...
Competition Matters

Leadership Changes in Mergers Divisions

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I am pleased to announce several leadership changes in the Bureau's Mergers I and Mergers IV Divisions. Mark Seidman has been named as the Acting Assistant Director for the Mergers IV Division. Mark...
Competition Matters

A Fiscal Year Like No Other

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With the conclusion of FY2020, we look back on a year unlike any other in the history of the Bureau of Competition. The year has been marked by a combination of exceptional commitment from the Bureau...
Competition Matters

Seeing the whole picture on avoidance devices

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Under the Hart-Scott-Rodino (HSR) Act and Rules, parties cannot use a transaction structure for the purpose of avoiding or delaying their premerger filing obligation. If they do, the Commission must...
Business Blog

Data to Go is a GO today

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Data To Go: An FTC Workshop on Data Portability begins at 8:30 Eastern Time this morning, Tuesday, September 22, 2020. Hosted by the FTC’s Bureau of Competition and Bureau of Consumer Protection, the...
Competition Matters

FTC releases agenda for Data To Go virtual workshop

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“Take out” takes on a whole new meaning when it involves your data. Consumers and industry members are giving more thought to the issue of data portability – the ability of consumers to move data...
Business Blog

FTC releases agenda for Data To Go virtual workshop

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“Take out” takes on a whole new meaning when it involves your data. Consumers and industry members are giving more thought to the issue of data portability – the ability of consumers to move data...
Competition Matters

The hearing may be virtual, but the rules are the same

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It is generally a serious violation of our rules for counsel to pass private notes to a witness in an investigational hearing or deposition, or otherwise coach or consult with a witness, while a...
Competition Matters

Real deadlines and real consequences

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Recently, Alimentation Couche-Tard and CrossAmerica Partners (collectively ACT) agreed to pay a $3.5 million civil penalty to settle allegations that they violated a Commission divestiture order that...
Competition Matters

Eyes Wide Open: There are no blinders in merger reviews

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The FTC's Bureau of Competition sometimes reviews proposed mergers against the backdrop of civil and criminal antitrust investigations or litigations leveled in the same industry. And at times, such...
Competition Matters

Real-Time Transparency for HSR Transaction Numbers

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In response to increased interest in levels of M&A activity, the Bureau of Competition’s Premerger Notification Office (PNO) is responding in real-time by posting monthly figures for Hart-Scott-Rodino...