Publications
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01.31.2012Hart-Scott-Rodino Reporting Thresholds to Increase, Clayton Act Section 8 Interlocking Directorates Thresholds IncreasedUpdatesThe Federal Trade Commission recently announced that the reporting thresholds under Section 7 of the Clayton Act, known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976, will be increased.
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01.29.2010Hart-Scott-Rodino "Gun-Jumping" Penalties for Alleged Abuse of "Ordinary Course of Business" Provisions of Merger AgreementUpdatesOn January 21, 2010, the U.S. Department of Justice (DOJ) filed in federal court in Washington, D.C. a complaint and consent decree requiring two merging companies (Smithfield Foods (Smithfield) and Premium Standard Farms LLC (Premium Standard)) to pay $900,000 in civil penalties for violations of the "file and wait" provisions of the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
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08.30.2007FTC v. Whole Foods: Watch Your Language!UpdatesLast week, a federal court released a public version of its 93-page opinion providing its reasons for denying the Federal Trade Commission's challenge to Whole Foods Markets' acquisition of organic grocer Wild Oats.
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12.18.2006Supreme Court Agrees to Revisit Application of Per Se Rule Against Resale Price MaintenanceUpdatesOn December 7, 2006, the U.S. Supreme Court granted certiorari in Leegin Creative Leather Products v. PSKS, Inc., a potential landmark case challenging the long-standing "Dr. Miles" doctrine condemning resale price maintenance and minimum vertical price fixing as per se violations of Section One of the Sherman Act.
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01.26.2006Hart-Scott-Rodino Reporting Thresholds to Increase Effective 2/17/06UpdatesThe Federal Trade Commission recently announced that the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 will be increased, effective February 17, 2006. The Act requires all parties to mergers or acquisitions that meet or exceed the Act's jurisdictional thresholds to notify the FTC and the Antitrust Division of the Department of Justice and wait a designated period of time before consummating the merger or acquisition. The 2000 amendments to the Act require the FTC to revise the Act's jurisdictional and filing fee thresholds annually, based on the change in gross national product. Certain related thresholds and limitation values in the H-S-R rules will also be adjusted. The increased thresholds will apply to all transactions that close on or after February 17, 2006.