Revised HSR Thresholds Released

On February 1, 2021, the Federal Trade Commission (FTC) released 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). If a proposed merger; acquisition of stock, assets or unincorporated interests; or other business combination meets certain thresholds, the parties must notify the FTC and the Department of Justice and observe a waiting...
Read More

FTC and DOJ Temporarily Suspend Early Termination of HSR Waiting Periods

Last Thursday the U.S. Federal Trade Commission (FTC) announced that the FTC and the Antitrust Division of the U.S. Department of Justice (DOJ) will temporarily suspend granting early termination of the waiting period (ET) for filings made under the Hart-Scott-Rodino Act (HSR Act). Under the HSR Act’s Premerger Notification Program, the parties to a transaction must wait for expiration of the 30-day statutory waiting period (15 days for cash tender offers and certain bankruptcy transactions) t...
Read More
Weil, Gotshal & Manges LLP | Feb 11,2021 |

Body Camera Manufacturer Fails in Bid to Escape FTC Administrative Jurisdiction as Ninth Circuit Shows No Appetite for Judicial Overhaul of Merger Review Procedure

The FTC, and antitrust enforcement in general, are having their moment. For example, in early January the Supreme Court heard oral arguments in AMG Capital Management v. Federal Trade Commission, a case questioning the FTC’s authority to require defendants to pay restitution for money obtained as the result of illegal activities. In that case there is significant doubt about whether the Court will uphold the FTC Act’s Section 13(b) provision allowing for the FTC to obtain this equitable relief...
Read More

[Video] Virtual Care 2.0: The Future of Digital Health

Rock Health called the landmark Teladoc-Livongo deal a starter pistol for the virtual care platform race. Beyond it being the largest digital health acquisition to date, what significance does this deal hold for the telemedicine sector, the competitive landscape and potential rollups as companies transition to virtual care 2.0? During the past several months, companies in the digital health space have risen to address the COVID-19 pandemic and surging demand for virtual care. Investors have...B...
Read More
Fenwick & West LLP | Feb 11,2021 |

COVID-19 in the Workspace: Is Enough Enough?

You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the Florida sheriff who reportedly instructed his employees not to wear masks in the office. If a visitor entered Sheriff Billy Wood’s office with a mask, they were reportedly instructed to remove it... Originally published in Construction Business Owner Magazine - February 20...
Read More

HSR Notification Thresholds Decrease in 2021

Lower jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended, are scheduled to be published by the Federal Trade Commission (“FTC”) tomorrow. The FTC revises the thresholds annually based on changes in the gross national product. The new thresholds will be effective 30 days after publication, and will apply to all transactions closing on or after that date....By: Mintz - Antitrust Viewpoints
Read More

Current Recession Creates More Challenges for Retail

During the previous economic expansion, retail faced an uphill battle. The current recession tripled down on that struggle. The current pessimistic view among panelists in the latest Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey is that retail properties will be generating significantly lower, if any, returns in 2023 compared to the end of 2020. Overall, the level of new retail property construction is expected to significantly decline from 2020 through 2023; and....
Read More
Allen Matkins | Feb 10,2021 |

SIC of Colombia Establishes Fees for Merger Control Procedures

The Superintendence of Industry and Commerce (SIC) of Colombia issued Resolution 2103 of 2021, which established fees that must be paid for merger control procedures. This was in accordance with article 152 of Law 2010 of 2019, which authorized the SIC to establish a fee for these procedures....By: Holland & Knight LLP
Read More
Holland & Knight LLP | Feb 10,2021 |

Second Department Limits Plaintiff to Appraisal Remedy Under New York LLC Law After a Freeze-out Merger

In Farro v. Schochet, the Second Department recently held that §1002 of the NY LLC Law restricted a dissenting member’s remedy to an appraisal for the fair value of his interest in the business after a freeze-out merger. Thus, the Court reduced the legal remedies for a minority LLC member that lacked protections in the operating agreement against the merger....By: Patterson Belknap Webb & Tyler LLP
Read More

Financial Daily Dose 2.10.2021 | Top Story: U.S. Drops Plans to Force TikTok Sale to Oracle and Walmart

After months of drama that we dutifully catalogued right here, the U.S. plan to “force the sale of TikTok’s American operations” to Oracle and Walmart “has been shelved indefinitely.” The forced sale has “languished since last fall in the midst of successful legal challenges to the U.S. government’s effort by TikTok’s owner, China’s ByteDance Ltd.”…...By: Robins Kaplan LLP
Read More
Robins Kaplan LLP | Feb 10,2021 |
Page 1 of 1246 FirstPrevious [1]