On July 19, 2023, the DOJ and FTC released a draft overhaul of the merger guidelines (the Draft Guidelines). Some portions of the Draft Guidelines are consistent with agency practice fro...
The U.S. antitrust authorities have proposed extensive changes to the Hart-Scott-Rodino filing requirements. If implemented, these changes will obligate filing parties to provide substant...
On February 3, the DOJ’s Antitrust Division withdrew three “outdated” policy statements. Those statements described certain antitrust safe harbors that companies in the healthcare ...
The Federal Trade Commission (FTC) has announced revised Hart-Scott-Rodino Act (HSR) reporting thresholds and filing fee amounts, up to a $2.25 million fee for the largest deals. Under th...
Today, the Federal Trade Commission announced revised Hart-Scott-Rodino Act (HSR) reporting thresholds. Under the new thresholds, a transaction will be reportable only if, as a result of ...
The U.S. antitrust agencies report that merger enforcement activity increased during 2020, even as reportable transactions decreased from 2019. In related statements, FTC Democratic Commi...
Davis Polk partner Ronan Harty and counsel Mary Marks authored the United States chapter in the twenty-sixth edition of Getting The Deal Through: Merger Control. The book provides interna...
Articles & Books
The Threshold (ABA Antitrust Law Section, Mergers & Acquisitions Committee)
Davis Polk counsel Mary Marks, associate Gregory Morrison and law clerk Elena Joffroy recently authored “Identifying Item 4(c) and 4(d) Documents: Updates to a Classic,” for the Summe...
The Federal Trade Commission has announced that a “tidal wave” of HSR filings has strained its capacity to review mergers, and that, for transactions the FTC is not able to investigat...
As bipartisan support for antitrust reform gains steam, legislative proposals from both sides of the aisle have proliferated. To date, Congress has advanced to a vote only relatively mode...