On Jan. 24, 2022, the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), and certain other values under the HSR rules. The new thresholds will become effective Feb. 23, 2022.
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Has Axon dealt another blow to FTC authority?
Last year, the Supreme Court unanimously ruled that the Federal Trade Commission (FTC) is not authorized to impose civil penalties on parties who violate the FTC Act unless the party is violating a previous cease and order. The ruling took away a major enforcement tool. Now, Axon Enterprises is seeking to attack the entire structure…
Another major Hart-Scott-Rodino warning from the FTC
Two recent Federal Trade Commission (FTC) actions confirm the Hart-Scott-Rodino Act (HSR) is not to be ignored. On Dec. 22, the FTC fined both Biglari Holdings and the founder of Werner Enterprises for failure to file with the FTC and the Department of Justice (DOJ) before consummating significant acquisitions of related entities.…
New Brandeisians push further: Proposed antitrust legislation reflects broad remedial purpose of antitrust laws
Our last article, New Brandeisians keep their promise, discussed the contents of Sen. Amy Klobuchar’s (D-MN) proposed overarching antitrust legislation, Competition and Antitrust Law Enforcement Reform Act (CALERA). Now, we’d like to take a step back and focus on the arguments supporting and opposing such reform, and in particular the precise manner in which…
New Brandeisians keep their promise: New antitrust legislation reflects movement in role of antitrust laws
Probably never before has there been introduced in Congress so many bills relating to antitrust. At last count, over 25 different pieces of antitrust legislation have been introduced just this year, covering antitrust in general and distinct industries in particular, including pharmaceuticals, sports, news and oil. And more have been promised. While some proposed laws…
1990s to the present: The Chicago School and antitrust enforcement
There is no question that antitrust policy, at any time, is highly influenced by the prevailing economic thinking. Equally unquestionable is the fact that economic thinking is highly influenced by one’s political philosophy. With these principles established, the current debate over the purpose of the antitrust laws, and thus the standards they ought to employ,…
The antitrust revolution is coming? The antitrust revolution is here?
Borrowing from the immortal words of Paul Revere, the title consciously evokes images of a battle, though fought with words and ideas and (hopefully) not muskets and bayonets. The proper objectives of the antitrust laws and the appropriate level of antitrust enforcement has been discussed in mainstream media more over the last decade than perhaps…
Antitrust as antidote? Historical overview of antitrust law
An antitrust revolution is upon us. Numerous pundits and political leaders blame many of today’s societal and economic ills on what they claim is the increasing concentration of economic power in the hands of a few. Perceived lax antitrust enforcement and permissive antitrust laws, many claim, is the cause of that. Indeed, President Joe Biden…
Supreme Court clips FTC’s wings
In a significant decision handed down last Thursday, April 22, 2021, the U.S. Supreme Court ruled that the Federal Trade Commission (FTC) cannot, in the first instance, seek monetary remedies in federal court. Rather, it must first obtain a cease and desist order and, only after a violation of that order, can it seek penalties…
Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business
Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods, Products, and Materials” that amended the requirements for products to be classified as American-made…