Law: Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA)

Negotiating Remedies: A Perspective from Various Agencies

Featured in Merger Remedies Guide - Fifth Edition

There is increasing scepticism towards merger settlements in the United States, with the FTC returning to a demand for a prior approval provision. However, the landscape is more settled elsewhere around the world; there are, as yet, not similar changes from other national enforcers.

25 October 2023

FTC loses cases challenging COPA’s immunity from HSR

A certificate of public advantage granted to two Louisiana hospitals exempts their need to report the transaction to US antitrust enforcers, a federal court has ruled.

28 September 2023

Biden administration enforcement policy creates challenging environment for US mergers

Featured in Americas Antitrust Review 2024

An executive order has directed national agencies to re-evaluate their merger guidelines and take a hard look at whether they are overly permissive, which looks set to increase scrutiny on current mergers.

25 August 2023

US DOJ and FTC intensely scrutinise mergers in technology and pharmaceutical industries

Featured in Americas Antitrust Review 2024

The US antitrust agencies – whose influence will soon grow thanks to revised merger guidelines – are increasingly unified in rooting out potentially anticompetitive mergers in the technology and pharmaceutical sectors.

25 August 2023

FTC seeks dismissal of hospital’s HSR lawsuit

The Department of Justice and Federal Trade Commission are asking a federal court in New Orleans to deny a hospital’s request for an order saying it did not need to report its merger.

22 June 2023

Louisiana hospital seeks to dismiss or transfer FTC unreported deal challenge

The Federal Trade Commission cannot bring claims against Louisiana Children’s Medical Center in Washington, DC, for unlawfully failing to disclose its acquisition of three hospitals, the defendant has argued.

26 April 2023

Louisiana seeks to defend its COPA law

The state of Louisiana has asked to intervene in a Federal Trade Commission merger challenge to support a New Orleans-based hospital’s claims that its acquisition is shielded by state-action immunity.

25 April 2023

FTC sues to block unreported hospital merger

The Federal Trade Commission has sued to stop Louisiana Children’s Medical Center from integrating three hospitals, claiming it violated federal law by closing the deal without alerting antitrust authorities.

21 April 2023

Antitrust immunity applies to HSR filings, hospital claims

A Louisiana hospital is suing the US antitrust enforcers for trying to force it to submit a federal merger filing despite the state legislature blessing the deal.

20 April 2023

Cooley: more states considering merger notification regimes

A growing number of states are drafting statutes requiring pre-merger notification, the chair of the antitrust task force for the National Association of Attorneys General has said.

03 April 2023

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