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In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an acquisition by a foreign company. By: Torres Trade Law, PLLC
On January 22, the Federal Trade Commission (FTC) published in the Federal Register its annual adjustments for notification thresholds regarding proposed mergers and acquisitions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), which will become effective 30 days after publication, on February 21.
Last month, the United States Department of Justice (DOJ) and Federal Trade Commission (FTC) issued the 2023 Merger Guidelines, a draft of which was published in July. The following summarizes the key takeaways from that panel.
On October 24, 2024, the District Court for the Southern District of New York granted the Federal Trade Commission (“FTC”)’s request for a preliminary injunction to halt the merger between Tapestry, Inc. Tapestry”) and Capri Holdings Limited (“Capri”) (collectively the “Parties”).
As eBay continues to invest in the trading card space, the e-commerce company announced Wednesday three significant commercial transactions with Collectors, the parent company of PSA (Professional Sports Authenticator), the third-party authentication and grading provider in the collectibles industry. All rights reserved.
Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have periodically updated their Merger Guidelines, with the last such update in 2010. By: Morrison & Foerster LLP
After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. 18, 2023, jointly announced the release of final Merger Guidelines that would significantly expand the number and types of transactions subject to antitrust challenge. Department of Justice (DOJ) Antitrust Division on Dec.
District Court for the Southern District of Texas denied the Federal Trade Commissions request for a preliminary injunction to block Tempur Sealys (the worlds largest mattress manufacturer) proposed acquisition of Mattress Firm (the largest U.S. On January 31, 2025, the U.S. mattress retailer with over 2,300 stores).
New developments in international trade laws will have tangible and far-reaching impacts on transactions as well as day-to-day business operations. President Biden’s signing of HR 815 means that once time-barred historic events are now fair game. By: Benesch
More than a year after the US Federal Trade Commission (FTC) first proposed far-reaching changes to Hart-Scott-Rodino Act (HSR) pre-merger notification rules, the FTC—via a unanimous and therefore bipartisan vote of its commissioners—issued on October 10, 2024 a new final set of HSR Rules along with a new HSR form.
Federal Trade Commission sought to block mattress manufacturer (the “Manufacturer”) contemplated $4 billion acquisition of a mattress retailer (“Retailer”) by filing both an administrative complaint and a complaint in the U.S. After a 5-0 vote, on July 2, 2024, the U.S.
At the Federal Trade Commission's (FTC) open meeting this month, agency staff and commissioners discussed the recently launched " Merger Portal." The portal is available on the FTC's website and provides the public with an additional method of communicating opinions and facts regarding mergers to the agency.
The Federal Trade Commission (FTC), with the concurrence of the Department of Justice, has unanimously adopted sweeping changes to the Hart-Scott-Rodino Act (HSR) rules. By: Fenwick & West LLP
Continuing to make good on President Biden’s pledge to root out and challenge anticompetitive mergers, the Antitrust Division of the Justice Department and the Federal Trade Commission have asked the public to join the hunt. By: MoginRubin LLP
billion merger of the Kroger and Albertsons grocery chains. The Oregon court adopted the controversial 2023 Merger Guidelines market concentration presumption and largely accepted the Federal Trade Commissions (FTC) and its experts arguments for a narrow grocery market. By: Troutman Pepper
In a role reversal, Xalts, a Singapore fintech startup founded 18 months ago, has acquired Contour Network, a digital trade platform set up by eight major banks including HSBC, Standard Chartered and BNP.
In recent years, a variety of alternative paths to public ownership and trading liquidity have emerged. The reverse merger is among one of the oldest alternatives to a conventional IPO for a private company seeking to become publicly traded and, due to a confluence of factors, has recently gained greater marketplace acceptance.
The Federal Trade Commission may point to economic harm to an identifiable cohort of consumers. The Federal Trade Commission (FTC) on April 22, 2024, filed an administrative complaint to block Tapestry, Inc.'s s acquisition of Capri Holdings Limited, a deal valued at $8.5
The Federal Trade Commission (FTC) is suing to block the proposed $24.6 billion merger between supermarket giants Kroger and ACI, the parent company of Albertsons and Safeway, among other brands.
On February 26, 2024, after a 16-month investigation, the Federal Trade Commission (FTC) sued The Kroger Company and Albertsons Companies, Inc. billion merger. in the U.S. District Court of Oregon to try to block their $24.6 By: Skadden, Arps, Slate, Meagher & Flom LLP
The Federal Trade Commission (FTC) litigated two merger challengers involving Kroger/Albertsons and Tapestry/Capri. The US antitrust regulators continued to aggressively challenge transactions and associated Hart-Scott-Rodino (HSR) violations during the third quarter of 2024.
Microsoft and Activision Blizzard earned a big win in court today, as a federal judge ruled that the Federal Trade Commission cannot block the $68.7 billion merger. billion Microsoft’s Activision Blizzard merger can’t be blocked by FTC, judge rules by Amanda Silberling originally published on TechCrunch
Rochon of the United States District Court for the Southern District of New York granted the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction, thereby preliminarily enjoining the proposed merger of two luxury fashion companies (the “Defendants”). On October 24, 2024, Judge Jennifer L. By: A&O Shearman
Panuwat”), in which the SEC alleged shadow insider trading, in violation of the federal securities laws. Pfizer”) to trade ahead of the news for his own enrichment. Matthew Panuwat (“SEC v. The SEC’s complaint alleged that Panuwat used highly confidential information of his employer, Medivation, Inc.’s
The past two weeks saw major developments in the US merger clearance process. On February 10, 2025, the Federal Trade Commissions (FTC) revised Hart-Scott-Rodino (HSR) rules and new filing forms went into effect, marking the most significant overhaul of HSR reporting requirements in 45 years. By: Mayer Brown
As we previously reported, the Federal Trade Commission (“FTC”) announced that it is amending and reorganizing the document requirements for pre-merger notifications under the Hart Scott Rodino Act (“HSR Act”), 15 U.S.C.
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have released the 2023 Hart-Scott-Rodino (HSR) Annual Report, offering key insights into merger activity over the past fiscal year. As businesses continue to consolidate, the FTC and DOJ play a critical role in ensuring that mergers do not harm competition.
Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across the board, raising labor concerns in order to prevent mergers and change employers’ behavior.
The New York Times: Mergers, Acquisitions and Dive
DECEMBER 10, 2024
The Federal Trade Commission notched a victory in its efforts against the supermarket merger, which it sought to block over concerns about harm to shoppers and workers.
On February 26, 2024, the Federal Trade Commission (“FTC”) issued an administrative complaint and authorized a lawsuit in federal court to block Kroger Company’s proposed $24.6 The acquisition would be the largest supermarket merger in United States history. billion acquisition of the Albertsons Companies, Inc.
The Federal Trade Commission (“FTC”) has filed a Complaint and a proposed Consent Order that would bar the CEO of oil company Hess from sitting on the Board of Chevron after the merger of the two companies. The merger agreement between the parties requires them to appoint Mr. Hess a Director. By: Vedder Price
The Federal Trade Commission (FTC) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), and Section 8 of the Clayton Act governing interlocking directorates.. By: Vinson & Elkins LLP
On January 10, 2025, the Federal Trade Commission (FTC) released increased jurisdictional thresholds, filing fee thresholds, and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). By: McDermott Will & Emery
On October 10, 2024, the United States Federal Trade Commission (FTC) issued its Final Rule governing pre-merger notification protocols under the Hart-Scott-Rodino Act (HSR). The Antitrust Division of the US Department of Justice signaled its agreement with the rules the same day.
The Federal Trade Commission (FTC) on September 27, 2024 unexpectedly withdrew from a recently established Memorandum of Understanding (MOU) with the US Department of Justice Antitrust Division (DOJ), US Department of Labor (DOL), and National Labor Relations Board (NLRB). By: Morgan Lewis
On April 5, 2024, a federal jury in the Northern District of California found defendant Matthew Panuwat liable for insider trading in the Securities and Exchange Commission’s (“SEC”) first-ever case involving the so-called “shadow trading” theory of insider trading. By: Paul Hastings LLP
Welcome to this months issue of The BR International Trade Report, Blank Romes monthly digital newsletter highlighting international trade, sanctions, cross-border investment, geopolitical risk issues, trends, and laws impacting businesses domestically and abroad. By: Blank Rome LLP
It also outlines the application of the Trade Agreements Act to many large solicitations and how that can impact compliance of goods, services and construction. By: Braumiller Law Group, PLLC
Earlier this week, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) released the long-awaited 2023 Merger Guidelines. The final guidelines are the result of nearly two years of behind-the-scenes drafting, numerous public listening sessions and workshops, and the receipt of some 35,000 public comments.
On April 5, 2024, a jury in California federal court found a former corporate executive liable for insider trading in SEC v. Panuwat, a novel enforcement action involving a theory known as “shadow trading.” In Panuwat, the U.S.
Welcome to the January 2025 issue of As the (Customs and Trade) World Turns, our monthly newsletter where we compile essential updates from the customs and trade world over the past month.
The Securities and Exchange Commission obtained a victory in a closely-watched trial when a jury found Matthew Panuwat liable for insider trading based on a “shadow trading” theory.
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