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Articles by Brian Meiners
South Korea Criminal Reform Creates New Uncertainty for Criminal Antitrust Enforcement, Cross-Border Collaboration with U.S. Department of Justice.
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South Korea Criminal Reform Creates New Uncertainty for Criminal Antitrust Enforcement, Cross-Border Collaboration with U.S. Department of Justice.
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
South Korea Criminal Reform Creates New Uncertainty for Criminal Antitrust Enforcement, Cross-Border Collaboration with U.S. Department of Justice.
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
South Korea Criminal Reform Creates New Uncertainty for Criminal Antitrust Enforcement, Cross-Border Collaboration with U.S. Department of Justice.
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
South Korea Criminal Reform Creates New Uncertainty for Criminal Antitrust Enforcement, Cross-Border Collaboration with U.S. Department of Justice.
We've updated our Privacy Statement. Before you continue, please read our new Privacy Statement and familiarize yourself with the terms.
FTC Announces 2025 Jurisdictional Threshold Updates For Interlocking Directorates And HSR Filing Thresholds
On January 10, 2025, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR) pre-merger notification statute. In addition to approving new HSR filing thresholds, the FTC also announced new merger filing fee thresholds and amounts, as required pursuant to the 2023 Consolidated Appropriations Act.
Record "Gun Jumping" Penalty Imposed By FTC
On January 7, 2025, the Federal Trade Commission ("FTC") filed and resolved a merger "gun jumping" action, imposing a penalty of $5.6 million on Verdun Oil Company II LLC ("Verdun"), XCL Resources Holdings, LLC ("XCL"), and EP Energy LLC ("EP") with the buyers (XCL and Verdun) and seller (EP) each agreeing to pay half.
Record 'gun jumping' penalty imposed by FTC
(February 19, 2025) - Brian R. Meiners, Hershel Wancjer, Emily Marsteller and Adriana Dunn of King & Spalding LLP discuss the penalty imposed on oil companies for allegedly taking control of a company they purchased before the end of the Hart-Scott-Rodino Act's waiting period. Oil companies ordered to pay $5.6 million for exerting beneficial control before the expiration of the mandatory HSR waiting period.
DOJ Releases Updated Antitrust Compliance Program Guidance
Last week DOJ published an updated version of its guidance on the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations ("Guidance"). These updates refresh the guidance originally issued in 2019, under the Trump administration. This Guidance, which assists prosecutors when making charging decisions and sentencing recommendations, describes how the DOJ assesses a compliance program's effectiveness in preventing criminal violations of the Sherman Act.
New HSR Rules Scheduled To Go Into Effect On February 10, 2025
In October, the Federal Trade Commission (FTC) unanimously voted to finalize changes to the premerger notification form and rules implementing the Hart-Scott-Rodino (HSR) Act. On November 12, that rulemaking was published in the Federal Register, making the effective date for the new rules February 10, 2025. For more information on the significant changes to the HSR rules, see our previous Client Alert.
New HSR Rules Scheduled to Go Into Effect on February 10, 2025 | JD Supra
In October, the Federal Trade Commission (FTC) unanimously voted to finalize changes to the premerger notification form and rules implementing the Hart-Scott-Rodino (HSR) Act. On November 12, that rulemaking was published in the Federal Register, making the effective date for the new rules February 10, 2025. For more information on the significant changes to the HSR rules, see our previous Client Alert.
Court Grants Injunction To Pause Handbag Merger
On Thursday, October 24, 2024, a New York federal judge granted the Federal Trade Commission's request for a preliminary injunction to halt the merger between Tapestry Inc. and Capri Holdings Ltd. The court held that the parties, owners of handbag retailers, operated in the same relevant market as defined by the FTC— "accessible luxury" handbags, ranging from $100 to $1,000.
Court Grants Injunction to Pause Handbag Merger | JD Supra
District Court Agrees with FTC’s Narrow Market Definition On Thursday, October 24, 2024, a New York federal judge granted the Federal Trade Commission’s request for a preliminary injunction to halt the merger between Tapestry Inc. and Capri Holdings Ltd. The court held that the parties, owners of handbag retailers, operated in the same relevant market as defined by the FTC— “accessible luxury” handbags, ranging from $100 to $1,000.
Antitrust/Competition Law
On October 10, 2024, the Federal Trade Commission ("FTC") approved new rules for reporting mergers and acquisitions to the FTC and the Department of Justice (DOJ) under the Hart-Scott-Rodino ("HSR") Act (the "HSR Rules").
King & Spalding - JDSupra
Major New Requirements On October 10, 2024, the Federal Trade Commission (“FTC”) approved new rules for reporting mergers and acquisitions to the FTC and the Department of Justice (DOJ) under the Hart-Scott-Rodino (“HSR”) Act (the “HSR Rules”).
The FTC's Aggressive New Section 5 Policy | JD Supra
On November 10, 2022, the US Federal Trade Commission issued a new Policy Statement indicating that the current Commission plans to expand its use of Section 5 of the FTC Act. Such an expansion would constitute a significant change from past FTC practice and potentially signals the beginning of an even more aggressive enforcement push by the FTC against what it views are “unfair methods of competition.” There has been a long-running debate as to the scope of Section 5.
FTC Announces Increased Hart-Scott-Rodino Thresholds | JD Supra
On January 24, 2022, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR) pre-merger notification statute. The new thresholds were published in the Federal Register on January 24, 2022 and will apply to all transactions closing on or after February 23, 2022.
Second Criminal No-Poach Case Brought by DOJ | JD Supra
On January 7, 2021, the Antitrust Division of the U.S. Department of Justice announced a two-count indictment of Surgical Care Affiliates LLC (“SCA”), which owns and operates outpatient medical care centers across the country. The two-count indictment, filed in the U.S. District Court for the Northern District of Texas, charges SCA with entering into two conspiracies in violation of Section 1 of the Sherman Act.
DOJ Brings First Criminal Wage Fixing Complaint | JD Supra
On December 10, 2020, the Antitrust Division of the U.S. Department of Justice announced the indictment of Neeraj Jindal, a former owner of a therapist staffing company, for a criminal conspiracy to fix wages paid to physical therapists and assistants in north Texas. The two-count indictment alleges 1) a conspiracy to suppress wage competition in violation of Section 1 of the Sherman Act and 2) obstruction of the Federal Trade Commission’s earlier investigation of the same conduct.
FTC Announces Increased Hart-Scott-Rodino Thresholds
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DOJ Challenges Illegal Antitrust “Gun Jumping” In Energy Transaction
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