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Articles by Ryan Leske
The HSR Rollercoaster: Form Revisions, Unexpected Reversals, Reportability Reconsiderations, And The Road Ahead
A&O Shearman are most popular: within Insolvency/Bankruptcy/Re-Structuring, Consumer Protection and Law Department Performance topic(s) Any dealmakers who have tried to track the revisions to the Hart-Scott-Rodino (HSR) Premerger Notification and Report Form (the “HSR form”) over the past several years are likely suffering from some form of whiplash. Changes have been numerous, significant, and difficult to track, even for antitrust practitioners who regularly file HSR notifications.
The HSR rollercoaster: form revisions, unexpected reversals, reportability reconsiderations, and the road ahead
Note that while the Request for Public Comment previews several substantive changes under consideration, an NPRM may exclude some of these or introduce new ones, and a final rule may not adopt every substantive proposal in an NPRM. In short, topics raised in the Request for Public Comment are not guaranteed to find their way into a final rule. The FTC’s 2023 HSR NPRM, for example, proposed labor-related disclosures, but the 2024 Final Rule omitted them entirely. 2.
No stay: Fifth Circuit lets HSR vacatur stand, for now
Yesterday, March 19, 2026, the Fifth Circuit denied the Federal Trade Commission’s (FTC) petition for a stay pending the appeal of a District Court order vacating the current Hart-Scott-Rodino (HSR) premerger notification form (the “Form”) and associated rules (the “2024 Rule”), which were implemented on February 10, 2025.
New HSR form remains in effect after fifth circuit stay
Absent the Fifth Circuit’s ruling, the district court’s order would have prevented enforcement of the Final Rule as of February 20, 2026, and caused notifying parties to use the HSR form that was in place prior to the Final Rule. As a result of the Fifth Circuit’s order, notifying parties will continue to use the HSR form prescribed by the Final Rule “until further order” from the Fifth Circuit. This alert updates our February 16, 2026, client alert following these developments.
Kirin Four Roses Sale
A&O Shearman has advised Kirin Holdings Company, Limited on the sale of its U.S. bourbon business, Four Roses. This strategic carve-out marks a significant step for Kirin in optimizing its global portfolio within the highly competitive food and beverage sector.
Federal District Court vacates expanded HSR Premerger Notification Rule-key takeaways
Background The Final Rule represented the first substantial modification to the HSR filing since the publication of the original filing in 1978, expanding existing categories of required information and adding new ones. Under the Final Rule, parties were required to submit a broader scope of responsive documents and information related to notified transactions and competition.
2026 HSR thresholds and filing fee increases explained
The annually revised notification thresholds and updated premerger filing fees will come into effect on February 17, 2026, 30 days after notice of the adjusted thresholds is published in the Federal Register (Effective Date). The revised notification thresholds apply to transactions that close on or after the Effective Date while the revised HSR filing fees apply to transactions that file HSR premerger notification on or after the Effective Date.
A&O Shearman Advises Banks on Argentina USD3bn Repurchase
A&O Shearman advised six banks in connection with the Central Bank of the Republic of Argentina’s repurchase transactions over BONARES 2035 and 2038 for a total amount of USD3bn. The Central Bank of the Republic of Argentina intends to use the net proceeds for reserves management purposes.
A&O Shearman Advises on Deal
A&O Shearman has advised La Caisse (formerly CDPQ), a global investment group, in connection with its strategic investment in Pike Corporation (“Pike”), a leading provider of grid infrastructure services in the United States. This transaction supports grid modernization for U.S. electric utilities. La Caisse is partnering with TPG, a leading global alternative asset manager, to acquire a majority interest in Pike.
Antitrust in focus - November 2024 | JD Supra
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Ryan Leske (counsel based in Washington DC) and Mark Taylor (counsel based in Brussels) are our editors this month. They have selected: New U.S. merger control filing forms to take effect in February 2025 Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025.
Antitrust In Focus - November 2024
AO A&O Shearman More A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world.
The UK Competition Authority announces it will review its approach to behavioural merger control remedies
Chief executive of the U.K. Competition and Markets Authority (CMA), Sarah Cardell, has announced that the authority will launch a review of its approach to merger remedies in the new year. This is big news, most notably because the CMA will consider when behavioral merger control remedies may be appropriate. It indicates a potential shift in the authority’s stated policy, which is to strongly favor structural divestments over behavioral commitments when remedying antitrust concerns. The CMA ...
Corporate Counseling Committee November Update for In-House Counsel
This program, hosted by the Corporate Counseling Committee, provides in-house counsel with a comprehensive update on recent enforcement developments. Featuring insights from Jones Day, the session covers critical trends and updates in antitrust law to support effective corporate legal strategies. Topics include new HSR rules, healthcare enforcement, monopolization cases, antitrust issues in generative AI, and highlights from the Tapestry/Capri case. This content was produced by:
Merger Remedies In The US: An Overview Of The Leading Cases - Antitrust, EU Competition - United States
1 Introduction This Special Issue presents a collection of important U.S. federal antitrust merger remedies since 2000.1 For anyone trying to understand the U.S. approach to merger remedies, the guidance documents issued by the U.S. federal antitrust enforcement agencies, the Antitrust Division of the United States Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") (each, an "Agency," or collectively, the "Agencies"),2 are the right starting point.
DOJ Announces Procedural Reforms Seeking to Resolve Merger Investigations within 6 Months of Filing | JD Supra
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Three Lessons from AT&T/Time Warner and Three Strategies for Future Vertical Transactions
The challenges that the government faces in litigating vertical mergers was illustrated in the DOJ’s recent loss in its challenge of AT&T’s proposed acquisition of Time Warner. The result provides guidance for how companies can improve their odds of obtaining antitrust approval for similar transactions.
Expected Legislation Amending CFIUS Will Affect a Broad Range of Foreign Investments in US Businesses | JD Supra
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Three Lessons from AT&T/Time Warner and Three Strategies for Future Vertical Transactions | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Increased Scrutiny of Foreign Investment in the United States Creates Deal Risk | JD Supra
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THE LATEST: DOJ Antitrust Chief Casts Doubt on Using “Behavioral Remedies” to Fix Problematic “Vertical” Mergers
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THE LATEST: Washington Attorney General Seeks Disgorgement of Profits Resulting from Two Transactions between Health System and Physician Groups
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
THE LATEST: Enforcers Continue Recent Focus on Innovation Concerns with Emerson/Pentair Consent Agreement
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Enforcers Continue Recent Focus on Innovation Concerns with Emerson/Pentair Consent Agreement
Ryan Leske* is an associate in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Washington, D.C., office. He focuses his practice on antitrust and competition matters. Ryan received his J.D., magna cum laude, Order of the Coif, from Tulane University Law School, where he was a managing editor for the Tulane Law Review, the senior articles editor of The Sports Lawyer, and a senior fellow for the legal research and writing program.
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