Legal News

Canadian companies engaged in M&A transactions with connections to the United States should be aware of recent changes to the rules under the Hart-Scott Rodino (HSR) Act. On February 2, 2021, the US Federal Trade Commission (FTC) announced the annual adjustment of the thresholds that trigger pre-merger reporting obligations (and the mandatory waiting period) under the HSR Act....By: Dorsey & Whitney LLP

Strengthening Buy American statutes have been a rare area of bipartisan agreement in the current fractured political climate. In the final days of the Trump Administration, the Department of Defense (“DOD”), General Services Administration, and National Aeronautics and Space Administration jointly issued new regulations, amending the Federal Acquisition Regulations (FAR) to implement Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.” On January 25, 2021,...

In Morris v. Spectra Energy Partners (DE) GP, LP,1 the Delaware Supreme Court clarified the test for determining when former equityholders have standing to pursue post-merger direct claims for a controller’s alleged failure to secure the value of a material derivative claim during the merger negotiations. Under Delaware law, and following the acquisition of an…...By: Dechert LLP

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) requires that parties to mergers, acquisitions, or other transactions of a certain size notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) prior to consummation. Each year, the FTC amends the thresholds that trigger this premerger notification requirement to reflect changes in the gross national product......By: Bradley Arant Boult Cummings LLP

Key Takeaways The Federal Trade Commission (FTC), with the support of the Antitrust Division of the U.S. Department of Justice (DOJ), has announced that it is temporarily suspending the grant of Early Termination of the 30-day waiting period for all notified transactions under the HSR Act effective immediately. This announcement follows a recent pause in…...By: Dechert LLP

Both the French and German authorities are particularly active in merger control at the member state level within the EU. Companies should keep these jurisdictions on their radar in planning their next transaction, using DAMITT data as a guidepost....By: Dechert LLP

The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP’s Antitrust/Competition practice reporting on trends in significant merger control investigations in the United States (U.S.) and European Union (EU)....By: Dechert LLP

Key Points Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) have temporarily suspended discretionary grants of early termination of the waiting period under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 The HSR Act requires parties that meet certain transaction size and other tests to file premerger notification forms with both the FTC and DOJ and observe the required waiting period prior to consummating the transaction. This follows the...By: Ak...

The Federal Trade Commission, with the support of the Antitrust Division of the U.S. Department of Justice, will suspend the practice of allowing "early termination" of antitrust reviews....By: Stinson LLP

The FTC has announced the annual changes to the Hart-Scott-Rodino (HSR) Act filing thresholds. The changes will become effective as of March 4....By: Locke Lord LLP