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2012 threshold revisions announced for HSR Act and Clayton Act Section 8 prohibition on interlocking directorates
  • Proskauer Rose LLP
  • USA
  • January 30 2012

The Hart-Scott-Rodino Antitrust Improvements Act, commonly known as the HSR Act, requires parties to certain mergers, acquisitions, and other transactions to notify the Federal Trade Commission and Department of Justice prior to consummation


FTC raises Hart-Scott-Rodino thresholds
  • Morgan Lewis & Bockius LLP
  • USA
  • January 24 2012

As of the effective date (on or about February 23, 2012) transactions must be valued in excess of $68.2 million to be subject to the preclosing notification requirements of the Hart-Scott-Rodino Act


7th Circuit clarifies standing to challenge "interlock" violations
  • Proskauer Rose LLP
  • USA
  • October 12 2012

Company shareholders do not suffer "antitrust injuries" because of an alleged violation of Section 8 of the Clayton Act, prohibiting officers and directors from serving on the boards of competing corporations, according to a new Seventh Circuit decision in Robert F. Booth Trust v. Crowley


The FTC goes retro to win down south
  • Proskauer Rose LLP
  • USA
  • October 12 2012

The Federal Trade Commission (FTC) scored a victory in the Eleventh Circuit this summer when the court upheld a divestiture order based on violations of the Clayton and FTC Acts


Court to tackle "state action" for the first time in 20 years
  • Hogan Lovells
  • USA
  • October 23 2012

On 26 November, the U.S. Supreme Court will hear argument in FTC v. Phoebe Putney Health System, No. 11-1160, its first case in 20 years about "state action" immunity under the antitrust laws


T-Mobile USA, MetroPCS stress need for scale in FCC merger application
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • USA
  • October 26 2012

In a transfer of control application filed with the FCC last Friday, T-Mobile USA and MetroPCS cited the need for scale as the main impetus for their proposed merger, as they emphasized the difficulties the companies will face in continuing to compete independently if they do not combine


Antitrust agencies challenge another healthcare provider acquisition
  • Bass, Berry & Sims PLC
  • USA
  • August 9 2012

Continuing a recent trend by antitrust enforcement authorities, on Monday the Federal Trade Commission and Nevada Attorney General announced proposed consent decrees settling litigation filed against Reno, Nevada’s largest hospital provider, Renown Health, relating to its recent acquisitions of two cardiology physician groups


FTC uses creative remedy to halt cardiology practice merger: requires suspension of employed physicians’ non-compete contracts
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • August 9 2012

The Federal Trade Commission is leaving no stone unturned in its scrutiny of physician acquisitions, as indicated by its recent enforcement action regarding the acquisition of a small cardiology group in Reno, Nevada


Competitor collaborations in the exploration and production industry: lawful or unlawful
  • Baker Botts LLP
  • USA
  • August 13 2012

A variety of agreements among competitors that are common in the energy industry (such as joint operating, joint bidding, joint venture, teaming, alliance agreements and even gas and oil participation agreements) can raise significant antitrust issues and expose the participants to both criminal sanctions and civil treble damages


Defining a joint venture's scope of business: key issues to consider
  • Gibson Dunn & Crutcher LLP
  • USA
  • September 12 2012

Early in the discussions about whether and how to form a joint venture -- perhaps as the very first significant issue to be resolved -- the potential joint venture partners will try to agree on the scope of the venture's business