United States

Changes Would Multiply Time, Burden, and Expense for All Filings, Even for Transactions With No Competition Concerns

The U.S. FTC and DOJ have proposed sweeping changes to the pre-merger process in the United States under the Hart-Scott-Rodino (HSR) Act.[1] 

The changes would not affect whether a transaction is subject to the reporting requirements.  But for those transactions where an HSR filing is required, the changes would, in a word, be massive.

Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed. …

In the third episode of a three-part series on U.S. antitrust enforcement, host Nick Levy interviews Cleary Gottlieb colleagues Bruce Hoffman and Leah Brannon about the U.S. enforcement environment for Big Tech, the agencies’ application of Section 2 of the Sherman Act, and the prospects for legislative change.

In the second episode of a three-part series on U.S. antitrust enforcement, host Nick Levy interviews Cleary Gottlieb colleagues Dave Gelfand and Heather Nyongo’o about U.S. antitrust and merger litigation, the prospects for legislative change in the U.S., and their practical experiences of handling major litigation at the Department of Justice’s Antitrust Division and in private practice.