State antitrust enforcement is becoming increasingly significant, with a diverse array of laws across 51 jurisdictions, including the District of Columbia. State Attorneys General (AGs) are not merely filling gaps left by federal enforcement but are actively shaping the landscape with robust state-specific laws. This post provides an overview of the current trends and legislative
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Navigating the new HSR landscape: Major updates and enforcement actions you need to know
When the words “Hart Scott” or “HSR” are mentioned, business executives and deal lawyers often react with indifference. While they recognize the necessity of HSR compliance before closing a transaction, it typically garners little attention unless the deal is expected to face intense scrutiny. The goal is usually to check the HSR box and move…
FTC issues its annual revisions to HSR and interlocking directorate
On Jan. 10, 2025, 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 in late February, 30 days after publication in the Federal Register.…
FTC issues HSR revisions… with a surprise
On Jan. 23, 2023, the FTC announced annual changes to notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act and certain other values under HSR rules. But this time, the annual changes include a radically different tier structure with much heftier filing fees.…
FTC revises HSR, interlocking directorate thresholds
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.…
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,…