Antitrust Agency Publishes New HSR Notification Thresholds And Filing Fees For 2023

On December 23, 2022, the U.S. Congress passed an omnibus spending bill incorporating the Merger Filing Fee Modernization Act. This new bill included significant changes to filing fee thresholds applicable to mergers and acquisitions reportable under HSR. On January 24, the Federal Trade Commission (FTC) issued rules implementing some of the changes from that legislation as well as its usual annual announcement to increase the Hart-Scott-Rodino (HSR) Act thresholds. The 2023 thresholds will take effect 30 […]

By | January 22nd, 2023 ||

Antitrust Risks Of ESG Initiatives: Rhetoric vs. Reality

Recently, there have been rumblings of antitrust enforcement in response to the increasing prominence of corporate policies furthering environmental, social and governance (‘ESG’) goals. The ESG moniker has been used as shorthand for a broad range of initiatives by private actors, including collaborative efforts to issue industry-wide “best practices,” adherence to environmentally conscious production processes, and commitments to sustainable investing. Despite the arguably laudable objectives of the ESG movement, there are indications that multi-firm […]

By | January 12th, 2023 ||

Private Equity Transactions Face Increased Antitrust Scrutiny

Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers, acquisitions, and other private equity transactions. For example, increased scrutiny of certain private equity practices has led to a more stringent review process and additional challenges. Litigating these matters has, thus far, been a mixed bag for the government but antitrust professionals, […]

By | January 2nd, 2023 ||