What the FTC’s New Ban on Noncompete Agreements Might Mean for Your Business
In January 2023, the Federal Trade Commission (FTC) proposed a new rule that would effectively ban employers from using noncompete agreements. Due to overwhelming public feedback—both in support of and against the proposed rule—the FTC decided to wait until April 2024 to vote on the final version of the proposed rule. (For information on the […]
FTC Amends Safeguards Rule to Expand Notification Requirements for Data Breaches and Information Security Events
On October 27, 2023, the Federal Trade Commission (FTC) announced sweeping amendments to its Safeguards Rule. Now non-banking financial institutions will be required to report information security breaches and related events. This includes entities such as mortgage brokers, accountants, investment advisers, car dealers, and payday lenders, all of whom hold significant consumer personal financial information. […]
New Antitrust Merger Guidelines Portend Big Changes
In July 2023, the Federal Trade Commission and the Antitrust Division of the Department of Justice (the Agencies) released a revised draft of Merger Guidelines. Introduction Mergers and acquisitions (M&A) have been subject to challenge under Section 7 of the Clayton Act for over a century, at times with varying levels of federal enforcement. Since […]
Dramatic Changes for Premerger Clearance is First in 45 Years
Introduction The Hart-Scott-Rodino (HSR) Act and its implementing rules require parties to sizable Merger and Acquisition (M&A) transactions to submit premerger notifications to the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (the Agencies). (See previous blog post about 2023 fees and reporting thresholds.) The process involves completing detailed HSR […]
FTC’s Proposed Ban on Noncompete Agreements — Delayed Again, But Not Dead Yet
Introduction In January 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban employers from using noncompete agreements. The FTC claimed that the rule “could increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans.” Public feedback on the proposed rule was immediate and varied. Labor […]
Hart-Scott 2023 Premerger Filing Fees Increase Substantially
It’s that time again—sort of like Punxsutawney Phil on Groundhog Day. The antitrust agencies have again increased the filing fees for premerger review of sizable transactions. This year is a good news/bad news story. The fees have increased substantially for large transactions but lowered for smaller ones. Also, the size threshold for transactions requiring premerger […]
A Large Merger, Acquisition or Joint Venture in Your Future? –Updated HSR Merger Notification Threshold Tests for Federal Antitrust Review Apply February 27, 2020
On January 31, the Federal Trade Commission (FTC) published its annual adjustments to the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The newly-revised thresholds represent modest increases over last year’s thresholds. They are published in the Federal Register and will become effective 30 days after the date of their publication. […]
Contemplating a Sizable Merger, Acquisition or Joint Venture?–Updated HSR Merger Notification Threshold Tests for Federal Antitrust Review Apply in March 2019
February 20, 2019 – On February 15, the Federal Trade Commission (FTC) published increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new thresholds represent an approximate 6.6 percent increase over last year’s thresholds. They are expected to be published in the Federal Register during the week of February […]