Publications
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02.20.2024State Antitrust Lawsuit Challenges NCAA Recruitment RulesUpdatesIn January of this year, the attorneys general of Tennessee and Virginia filed a federal antitrust lawsuit against the National Collegiate Athletics Association. The lawsuit seeks to prevent the NCAA from enforcing recruiting rules that allegedly “prevent prospective college athletes and transfer candidates from engaging in meaningful . . . discussions prior to enrollment” about opportunities to monetize their name, image, and likeness.
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01.25.2024 (UPDATED 02.05.2024)2024 Updates to HSR and Interlocking Directorate ThresholdsUpdatesThe Federal Trade Commission (FTC) recently announced its annual adjustments to (1) the pre-merger notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing fee schedule, (3) the civil penalty amounts for HSR Act violations, and (4) the interlocking directorate thresholds under Section 8 of the Clayton Act.
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07.04.2023Antitrust Officials Pile On the PaperworkArticles
The Wall Street Journal. Commentary Article.
In a commentary article for The Wall Street Journal, Chris Williams and Henry Hauser highlight a proposed overhaul of the Federal Trade Commission and Department of Justice’s merger review process that would significantly increase the time and costs for businesses to prepare a merger filing and address its potential impact on new investments and transactions.
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06.12.2023Competition Concerns in the Age of AIUpdatesAcross every industry, companies are leveraging machine learning to derive valuable insights without extensive employee involvement. These groundbreaking capabilities are creating an upheaval in how companies engage with competitors and consumers.
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06.02.2023Competition Concerns in the Age of AIArticles
TechCrunch
Antitrust is the engine of free enterprise: it shapes countless lines of commerce, from tech to toilets, beer to baseball and healthcare to hardware.
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04.20.2023Ten Takeaways From the 2023 ABA Antitrust Spring MeetingUpdates
Federal and state enforcers highlighted an ambitious agenda at the 2023 ABA Antitrust Spring Meeting. From criminal no-solicitation, no-poach, wage-fixing, and monopolization cases to a more aggressive merger strategy, this Update discusses 10 takeaways that companies should have on their radars.
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04.19.2023Federal Enforcers Sketch Outlines of New Era in Anti-CompetitionArticlesTop federal agency leaders previewed plans for broader antitrust enforcement at the 2023 ABA Antitrust Spring Meeting.
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04.12.2023Antitrust Merger Enforcement To Roll Full Steam AheadUpdatesAt the American Bar Association's 2023 Antitrust Spring Meeting, held in March in Washington, D.C., representatives of the U.S. Department of Justice Antitrust Division and Federal Trade Commission confirmed their agenda to reinvigorate and modernize antitrust merger enforcement.
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04.07.2023Expect Merger Enforcement To Roll Full Steam AheadArticles
Law360
At the American Bar Association's 2023 Antitrust Spring Meeting, held in March in Washington, D.C., representatives of the U.S. Department of Justice's Antitrust Division and Federal Trade Commission confirmed their agenda to reinvigorate and modernize antitrust merger enforcement. -
02.02.2023New Legislation Affects Antitrust Venue and Foreign Subsidy DisclosuresUpdatesThe new Consolidated Appropriations Act, 2023 includes the Merger Filing Fee Modernization Act of 2022, which amends the amounts and tiers for Hart-Scott-Rodino Antitrust Improvements Act of 1976 filing fees as discussed in a prior Update. It also includes two important amendments to antitrust laws.
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01.30.20232023 Updates to HSR and Interlocking Directorate ThresholdsUpdates
The FTC recently announced its annual adjustments to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and interlocking directorate thresholds. Notably, the minimum HSR size-of-transaction threshold has increased from $101 million to $111.4 million. There is a new filing fee schedule resulting from the enactment of the Merger Filing Fee Modernization Act of 2022, which will significantly increase filing fees for transactions valued in excess of $500 million and decrease them for transactions valued under $161.5 million. The new HSR jurisdictional and filing fee thresholds will be effective as of February 27, 2023, while the revised interlocking directorate thresholds are already in effect.
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06.23.2022FTC Settlement Highlights More Aggressive Enforcement of Private Equity AcquisitionsUpdatesThe U.S. Federal Trade Commission voted 5-0 to issue a complaint and accept a proposed order for public comment regarding private equity fund JAB Consumer Partners SCA SICAR’s $1.1 billion acquisition of SAGE Veterinary Partners, LLC on June 13, 2022.
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04.13.2022M&A Takeaways From ABA Antitrust MeetingArticles
Law360
The American Bar Association's 70th Antitrust Law Spring Meeting, held April 5-8 in Washington, provided a forum for lively debate among current and former antitrust agency officials concerning the progressive merger enforcement reforms implemented or proposed by the representatives of the U.S. Federal Trade Commission, led by Chair Lina Khan, and the U.S. Department of Justice Antitrust Division, led by Assistant Attorney General Jonathan Kanter. -
01.25.2022FTC Announces 2022 Changes to HSR and Clayton Act ThresholdsUpdatesThe Federal Trade Commission recently announced that the reporting thresholds under Section 7A of the Clayton Act ... will be increased.
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01.21.2022Antitrust Enforcers Soliciting Input From Market Participants to Modernize Merger GuidelinesUpdatesOn January 18, 2022, the U.S. Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division (the agencies) launched a joint public inquiry to modernize and strengthen merger enforcement.
Presentations
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03.07.2024M&A Deals Under New Merger Guidelines: Enhanced Antitrust Scrutiny, Lower Market Concentration ThresholdsSpeaking EngagementsFaculty
Strafford / Virtual CLE -
11.2023Room for Agreement? Antitrust Merger Consent Decrees Policy and Practice Under the Biden AdministrationSpeaking EngagementsCPI Antitrust Chronicle / Virtual
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10.19.2023New Proposed Vertical and Horizontal Merger Guidelines: Increased Antitrust Scrutiny for M&A ActivitySpeaking Engagements
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09.13.2023New Proposed Premerger Notification Rules for Hart-Scott-Rodino Deals: Increased Antitrust ScrutinySpeaking Engagements
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07.27.2023HSR Basics: An Introduction to Filings Under the Hart-Scott-Rodino ActSpeaking EngagementsCalifornia Lawyers Association / Webinar
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09.21.2022Modern Considerations in Merger Reviews: How Public Interest & Social Justice Objectives are Impacting the Merger Clearance ProcessSpeaking Engagements
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04.19.2014Patent Acquisitions-When Are They HSR Reportable?Speaking EngagementsSpeaker
The Knowledge Group / Webinar -
12.06.2012Recent Antitrust Developments in the Health Care and Pharmaceuticals Markets: October and November 2012Speaking EngagementsPanelist
ABA Section of Antitrust Law program / Washington, D.C. -
07.28.2011Working With Economic Experts in Section 1 CasesSpeaking EngagementsModerator
ABA Section of Antitrust Law program / Washington, D.C.