Searching Content by John Ingrassia from Proskauer Rose LLP ordered by Published Date Descending.
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Merger Woes For Hedge Fund As Obscure HSR Rule Spells Trouble And $600K Penalty
Merger partners are accustomed to seeking antitrust advice and thinking about whether premerger filings are required for their transactions.
United States
9 Sep 2019
FTC Announces 2019 Thresholds Under HSR Act And Clayton Act
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation
United States
28 Feb 2019
Foreign Investment Review Under CFIUS Expands With New Legislation
The potential for national security review of foreign investment in the U.S. has been around for 30 years since the 1988 enactment of the Exon-Florio Amendment to the Defense Production Act, which created the ...
United States
6 Nov 2018
When Passive Investors Drift Into Activist Status
Many funds that are not "activist" funds nonetheless from time to time want to engage with other investors about a portfolio company's performance.
United States
2 Jul 2018
FTC Announces 2018 Thresholds Under HSR Act And Clayton Act
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation.
United States
29 Jan 2018
Does What Happens Outside The U.S. Stay Outside The U.S.?
As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law:
United States
29 Nov 2017
Can Purchasing Efficiencies Save Mega-Mergers? The D.C. Circuit Says "No"
Efficiencies, economies of scale, and the general desire to improve the customer experience are the lifeblood of all mergers.
United States
11 May 2017
Expanding HSR Gunjumping Enforcement: Swan Song, Or Harbinger Of What's To Come?
The U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of HSR Act, gunjumping violations against Duke Energy Corporation.
United States
27 Feb 2017
FTC Announces 2017 Thresholds Under HSR Act And Clayton Act
Primary HSR filing threshold will be raised to $80.8 million
United States
1 Feb 2017
United States
25 Oct 2016
More Leveraged Buy-Outs To Face HSR Scrutiny As Agency Expands Reporting Requirements
The rule aims to align reportability in this context with the equity value of the company rather than its full enterprise value.
United States
18 Oct 2016
Federal Trade Commission's Pennsylvania Hospital Challenge Moves Forward: Third Circuit Halts Transaction Pending Trial Outcome
Federal Appeals Court has sided with the FTC and preliminarily blocked the proposed merger of the largest hospitals in the Harrisburg, Pennsylvania area, and Penn State Hershey Medical Center and PinnacleHealth System.
United States
15 Oct 2016
One-Two Punch On Hospital Challenges: Is The FTC Down For The Count?
There was a time not long ago when the odds of beating the Federal Trade Commission on a hospital merger antitrust challenge were slim.
United States
24 Jun 2016
Four Takeaways From The ABA Antitrust Section's 2016 Spring Meeting
Apropos of the current climate of antitrust enforcement, during the first day of events the DOJ announced that it brought suit to block the merger between Halliburton and Baker Hughes.
United States
21 Apr 2016
Investors Fight Back – Court Battle Could Determine Scope Of HSR Act Exemption
When an enforcement action for a violation of the Hart-Scott-Rodino Act is announced, chances are the matter has already come to a close...
United States
15 Apr 2016
When Passive Investors Take A Stand – HSR Act Enforcement Put To The Test
Enforcement actions for violations of the Hart-Scott-Rodino Act (HSR) often are announced with substantial money penalties or other restrictions agreed in advance between the agency and the parties.
United States
14 Apr 2016
FTC Announces 2016 Thresholds Under HSR Act And Clayton Act
Last week, the FTC announced revisions to HSR Act and Clayton Act Section 8 thresholds, which it revises each January to account for inflation using changes in the Gross National Product.
United States
27 Jan 2016
The FTC's First Loss In Nearly Half A Decade, Illuminating The Difficulties Of Prediction And The Merits Of Litigating It
The decision is unlikely to avert the FTC's focus from innovation markets, or reduce its willingness to pursue potential competition theories.
United States
15 Oct 2015
HSR Enforcement Continues Swiftly: $240K Settlement Announced With FTC For Failure To File
On the heels of the FTC's recent HSR passive investor exemption enforcement action comes another reminder that HSR compliance is not always clear, and that it is not always easy.
United States
5 Oct 2015
Passive Means Passive! Missed HSR Filing Spurs Antitrust Enforcers' Ire - But Change May Be Coming
The Federal Trade Commission, in its latest enforcement action relating to Hart-Scott-Rodino Act compliance, reminds investors that strict adherence to HSR filing requirements is a must.
United States
4 Sep 2015
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