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Articles by Jeetander Dulani
DOJ Antitrust Division Expedites HSR Merger Review
On July 23, 2026, the U.S. Department of Justice (DOJ) Antitrust Division announced it is returning to a "targeted" Second Request investigation process to expedite merger reviews under the Hart-Scott-Rodino (HSR) Act. The announcement was accompanied by a model timing agreement, signaling a shift toward a more streamlined approach to merger investigations. According to Associate Attorney General Stanley E.
DOJ Antitrust Division Expedites HSR Merger Review
On July 23, 2026, the U.S. Department of Justice (DOJ) Antitrust Division announced it is returning to a "targeted" Second Request investigation process to expedite merger reviews under the Hart-Scott-Rodino (HSR) Act. The announcement was accompanied by a model timing agreement, signaling a shift toward a more streamlined approach to merger investigations. According to Associate Attorney General Stanley E.
California Becomes Third State to Adopt "Baby HSR" Act | JD Supra
A growing wave of state-level merger notification requirements is reshaping the antitrust landscape for dealmakers. On February 10, 2026, Governor Gavin Newsom signed Senate Bill 25, the California Uniform Antitrust Premerger Notification Act (the Act) into law, making California the third state to require that certain parties filing Hart-Scott-Rodino (HSR) premerger notifications with federal agencies also submit those filings to the state attorney general.
Stinson LLP Law Firm
A growing wave of state-level merger notification requirements is reshaping the antitrust landscape for dealmakers. On February 10, 2026, Governor Gavin Newsom signed Senate Bill 25, the California Uniform Antitrust Premerger Notification Act (the Act) into law, making California the third state to require that certain parties filing Hart-Scott-Rodino (HSR) premerger notifications with federal agencies also submit those filings to the state attorney general.
Filing Clarifies FTC, DOJ's Passive Investment Stance
By Jeetander Dulani and Nicci Warr ( August 22, 2025, 2:51 PM EDT) -- In a significant development for institutional investors, the Federal Trade Commission and the U.S. Department of Justice have, for the first time, explicitly confirmed that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption in federal antitrust law.[1]... Law360 is on it, so you are, too.
FTC and DOJ Provide Critical Clarity on Passive Investment Rules Under Antitrust Law | JD Supra
In a significant development for institutional investors, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have provided their first explicit statement confirming that engagement with companies on corporate governance matters is consistent with passive investment status under antitrust laws. This clarification came through a Statement of Interest (SoI) filed in Texas' antitrust lawsuit against major asset managers BlackRock, State Street, and Vanguard.
Colorado Joins the "Baby" HSR Trend | JD Supra
State attorneys general (AGs) have a legal right to challenge anticompetitive mergers, both under the federal Clayton Act and their own state antitrust laws. And in recent years, state AGs have played increasingly larger roles in challenging mergers, either in parallel with federal agencies, or on their own.
Possible Relief from New Tariffs — and Risks to Avoid | JD Supra
Tariffs have been in the news almost daily. Not only have tariff rates changed repeatedly, but the deadlines around implementation are subject to change. Meanwhile, the list of new commodities that are subject to additional tariffs continues to grow. All of these changes have made it extremely difficult for U.S. businesses to plan. For government contractors, the tariffs add a layer of complexity to already complicated contractual obligations.
Washington State First to Adopt "Baby HSR" Act | JD Supra
Legislatures in several states have recently introduced bills that would require certain parties who submit Hart-Scott-Rodino (HSR) premerger filings to the federal government to provide that same information to the state. On April 4, 2025, Washington State became the first state to enact such legislation, which goes into effect on July 27, 2025.
Flag After the Play, Ruling on the Field Under Review: $4.8 Billion NFL Sunday Ticket Antitrust Litigation | JD Supra
[co-author: Sophie Hill]* In June 2024, a California jury awarded plaintiffs nearly $4.8 billion in an antitrust class action against the National Football League (NFL) and DirecTV.
Inside FTC's Decision To Exit Key Merger Review Labor Memo
By Jeetander Dulani, William Kearney and Nicci Warr ( October 24, 2024, 5:26 PM EDT) -- For over a decade, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have been heavily focused on competition in labor markets. In July 2023, the antitrust agencies sought to embed this focus on labor market competition in proposed changes to the Hart-Scott-Rodino rules, which govern premerger notifications in the U.S.... Law360 is on it, so you are, too.
Inside FTC's Decision To Exit Key Merger Review Labor Memo
By Jeetander Dulani, William Kearney and Nicci Warr ( October 24, 2024, 5:26 PM EDT) -- For over a decade, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have been heavily focused on competition in labor markets. In July 2023, the antitrust agencies sought to embed this focus on labor market competition in proposed changes to the Hart-Scott-Rodino rules, which govern premerger notifications in the U.S....
FTC Finalizes Changes to Premerger Notification Form | JD Supra
On October 10, 2024, the Federal Trade Commission (FTC) announced long-awaited finalized changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the Hart-Scott-Rodino (HSR) Act. The HSR Act and its implementing rules require the parties of certain mergers and acquisitions to submit premerger notification (HSR forms) to the federal government and to wait a specified period before consummating their transaction.
RealPage Antitrust Suit Shows Importance of Vetting AI Tools
The civil antitrust suit brought in August by the Department of Justice and eight state attorneys general against property management technology company RealPage Inc. and several landlords using the software is yet another example of federal antitrust regulators taking an aggressive enforcement approach on new artificial intelligence technologies.
FTC’s Aggressive Focus on PE Blunted by Recent Court Decision | JD Supra
Private Equity (PE) has been a popular and frequent target of the Biden Administration’s recent antitrust enforcement efforts. Earlier this year, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) held workshops focusing on PE’s role in health care.
PE-Healthcare Mergers Should Prepare For Challenges
By Jeetander Dulani, Bill Kearney and Nicci Warr (May 2, 2024, 5:24 PM EDT) -- Following the lead of federal regulators, state lawmakers are considering new reporting requirements for hospital and other health system mergers.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
PE-Healthcare Mergers Should Prepare For Challenges
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FTC Bans Worker Non-Competes | JD Supra
By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete agreements between an employer and non-senior-executive employees or other workers. The FTC modified the final rule for senior executives, only banning prospective non-compete agreements.
DOJ and FTC’s Aggressive Antitrust Enforcement Agenda Set to Continue | JD Supra
There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward: New Hart Scott Rodino (HSR) rules are expected in weeks, not months. Under new merger guidelines, merger benefits do not offset other market harms. Private equity firms face continued scrutiny for roll ups. Risks from interlocking directorates enforcement. Merger remedies remain hard to sell.
A Potential Proactive Tool For Public-Private Joint Ventures
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FTC and DOJ Announce Final Merger Guidelines | JD Supra
On December 18, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued final merger guidelines which significantly overhaul how the agencies determine whether potential transactions violate competition law under Section 7 of the Clayton Act. The final merger guidelines are modified from the proposed draft guidelines released in July.
FTC, DOL Collab Marks New Labor Market Enforcement Era
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FTC, DOL Collab Marks New Labor Market Enforcement Era
ADVERTISEMENT Don't want ads? Subscribe or login now. By Jeetander Dulani and Bill Kearney (October 24, 2023, 3:37 PM EDT) -- On Aug. 30, the Federal Trade Commission and the U.S. Department of Labor quietly inked a deal to share information and coordinate investigations, the latest Biden-era initiative to use the full authority of the administrative agencies to protect workers....
ESG Collaborations Face Challenges Without Safe Harbor Guidance
For years, companies have focused time, energy, and investments on environmental, social, and governance initiatives. These unilateral efforts have been adopted in response to pressure from key stakeholders, including boards, consumers, investors, and insurers. More recently, there’s been a push for broader collaboration among competitors through industry working groups or trade associations—with the goal to establish common standards or best practices for ESG initiatives.
FTC and DOJ Propose Overhaul of Merger Guidelines | JD Supra
On July 19, 2023, The Federal Trade Commission and the Department of Justice (the agencies) released a draft update of the Merger Guidelines that would significantly overhaul how the agencies review mergers and acquisitions. If enacted, the effect of the revisions would substantially shift the burden of proof to the merging parties and enable the agencies to block acquisitions without having to prove an anticompetitive effect. There is a 60-day public comment period that ends September 18, 2023.
New FTC Rules Will Make Mergers Slower, More Costly, More Complex
Merger reviews are seldom quick—and they could get a lot slower and more expensive under the Federal Trade Commission’s recently proposed changes to the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act. The agency conservatively estimates the proposed changes will cost businesses $350 million annually, with the average filing time increasing from 37 to 144 hours. Nearly half of all filings, with competitive overlaps, will require 222 hours.
New FTC Rules Will Make Mergers Slower, More Costly, More Complex
Merger reviews are seldom quick—and they could get a lot slower and more expensive under the Federal Trade Commission’s recently proposed changes to the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act. The agency conservatively estimates the proposed changes will cost businesses $350 million annually, with the average filing time increasing from 37 to 144 hours. Nearly half of all filings, with competitive overlaps, will require 222 hours.
Proposed Changes on Merger Filings Require Significant Amounts of New Information, Will Screen Transactions for Labor Market Effects
The Federal Trade Commission (FTC) and Department of Justice (DOJ) have proposed changes to the Hart-Scott-Rodino (HSR) Act that may radically alter the merger review process in the United States. In June, the FTC unveiled a proposal that will require parties to provide significantly more information and data in premerger filings, specifically: 1.
Proposed HSR Changes Require More Info, Will Screen Transactions for Labor Market Effects
The Federal Trade Commission (FTC) and Department of Justice (DOJ) have proposed changes to the Hart-Scott-Rodino (HSR) Act that may radically alter the merger review process in the United States.
U.S. Supreme Court to Resolve a Circuit Split Involving Qui Tam Actions | JD Supra
Given the financial stakes, it is no surprise that the issue of which party is authorized to control these suits has come into play. 31 U.S.C. § 3730 generally outlines the rights of the parties involved in such actions, but questions remain. Specifically, the petitioner in United States ex rel. Polansky v. Executive Health Resources, Inc.
FTC Announces Largest-Ever HSR Threshold Increase for 2022 Transactions | JD Supra
Size-of-transaction threshold under Hart-Scott-Rodino Act will increase to $101 million in Federal Trade Commission’s largest threshold increase ever. As a result of the increase in the U.S. Gross National Product (GNP) for 2021, after the first decrease in U.S. GNP in over a decade in 2020, the Federal Trade Commission (FTC) has announced higher revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will become effective on February 23, 2022.
HSR Thresholds Will Decrease for 2021 Transactions | JD Supra
Size-of-transaction threshold under Hart-Scott-Rodino Act will decrease to $92 million; the first threshold decrease since 2010. As a result of the decrease in the U.S. Gross National Product for 2020 due to the COVID-19 global pandemic, the Federal Trade Commission (FTC) has announced lower revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will become effective March 4, 2021. This is the first time that the thresholds will decrease since 2010.
Simulations Are Driving Growth in Esports | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
U.S. Merger Review in the Time of Coronavirus | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Esports and Gaming in the Time of COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
HSR Thresholds Will Increase for 2020 Transactions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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