Archives: Alert

FTC Proposes Sweeping Changes to HSR Reporting Requirements

By Marc Schildkraut, Steven H. Goldberg, Thomas Hogan, Carl Hittinger and Jeffrey E. Liskov on June 30, 2023 Posted in Alert

On June 27, the Federal Trade Commission issued a press release announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR). The proposed changes will substantially increase the information that must be gathered and reported in connection with an HSR filing. These changes, if adopted, would multiply the … Continue Reading

2023 HSR Filing Thresholds and New Filing Fee Structure Announced

By Thomas Hogan and Jeffrey E. Liskov on January 30, 2023 Posted in Alert, FTC

On Jan. 25, the Federal Trade Commission (FTC) published a notice in the Federal Register announcing the 2023 filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act). The notice also announced the new HSR filing fee structure as mandated by the recently enacted Merger Filing Fee Modernization Act of 2022. The … Continue Reading

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

By BakerHostetler, Carl Hittinger, Joyce Ackerbaum Cox, Tyson Herrold and Christine M. Kennedy on January 6, 2023 Posted in Alert

Key Takeaways On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the Proposed Rule would become a federal regulation making it an “unfair method of competition” for an employer … Continue Reading

Is This the Beginning of a Sentencing Revolution?

By BakerHostetler on December 9, 2022 Posted in Alert

Third Circuit Limits Sentencing Guidelines to Actual Loss: Implications for Fraud and Possibly Antitrust Sentencing On Nov. 30, 2022, following the U.S. Supreme Court’s 2019 decision in Keiser v. Wilkie and contrary to the guidelines’ own commentary, the Third Circuit decided that the loss enhancement to the fraud guideline in the U.S. Sentencing Guidelines (“USSG”) applies only … Continue Reading

Federal Trade Commission’s Historic Attempt to Drive a Mack Truck Through the Sherman Act

By Carl Hittinger, Jeffry Duffy, Tyson Herrold and Justin Kadoura on November 21, 2022 Posted in Alert

Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC Act and that do not independently violate the Sherman, Clayton or Robinson-Patman acts. Although the FTC’s … Continue Reading

DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years

By Carl Hittinger and BakerHostetler on November 4, 2022 Posted in Alert

Key Takeaways U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. The elements enumerated in the Zito plea agreement are the same elements required in a civil case, but prosecutors may encounter obstacles trying to prove these elements beyond a … Continue Reading