Tag Archives: FTC

Antitrust Update: 2017 HSR Thresholds

On January 19, 2017, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act).  The new minimum filing threshold will be $80.8 million. All of the revised thresholds are higher … Continue Reading

Individual Investors Pay Civil Penalties for Failing to Report Acquisitions of Voting Securities to the Federal Trade Commission

The Hart-Scott-Rodino Act (“HSR Act”) requires companies and individuals to report large transactions above certain thresholds to the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), and then to observe a 30-day waiting period before closing their transactions. In two recent cases, investors resolved FTC allegations that they failed to observe these requirements … Continue Reading

Supreme Court Remands Pay-for-Delay Settlement for Antitrust Review in FTC v. Actavis

This post was also written by Jessica R. Rose. The U.S. Supreme Court last week issued a significant decision subjecting pay-for-delay settlements, a common practice in the pharmaceutical industry, to antitrust review. Also known as reverse payments, these settlements typically involve payments from a brand drug manufacturer to a generic drug manufacturer to settle patent litigation … Continue Reading

Supreme Court Reins in State-Action Immunity Doctrine

This post was written by William J. Sheridan. Yesterday, in FTC v. Phoebe Putney Health Systems, Inc., the Supreme Court rejected an expansive view of the state-action immunity doctrine articulated by the U.S. Court of Appeals for the Eleventh Circuit. Saying the court of appeals applied the doctrine’s concept of foreseeability “too loosely,” the unanimous … Continue Reading

Federal Trade Commission Announces Adjusted HSR Thresholds for 2013

On January 10, 2013, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification with respect to both the size-of-transaction and size-of-person tests. Please click here to … Continue Reading

Federal Trade Commission Announces Adjusted HSR Thresholds for 2012

On January 24, 2012, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification with respect to both the size-of-transaction and size-of-person tests. The revised HSR thresholds … Continue Reading
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