Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 05 OCTOBER 2021

FTC Promises More Rigorous Merger Reviews

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Contributor
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz is a litigation powerhouse and business accelerator serving leaders in life sciences, private...

View firm profile
Explore more from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

A blog post from the Federal Trade Commission ("FTC") on Tuesday was the latest announcement suggesting that a shake-up is underway for the agency's merger review process.

United StatesAntitrust/Competition Law
Bruce Sokler
Bruce Sokler
Farrah Short
Farrah Short
Author LinkedIn connections

A blog post from the Federal Trade Commission ("FTC") on Tuesday was the latest announcement suggesting that a shake-up is underway for the agency's merger review process. The post stated that the FTC's Bureau of Competition is instituting new process reforms to make the merger review process more rigorous and streamlined. According to the post, the change was triggered by the need to best use the agency's limited resources in light of the recent surge in merger filings. This message is consistent with other recent changes and statements from the antitrust enforcement agency suggesting that businesses should not expect "business as usual" for merger reviews.

The Hart-Scott-Rodino ("HSR") Act requires parties engaged in certain transactions (including mergers, asset acquisitions, investments, joint ventures, and exclusive licensing deals) to file an HSR notification with the FTC and the Antitrust Division of the Department of Justice ("DOJ"), and to observe a

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Booking Holdings v. Commission: General Court Clears The Way For Reverse Leveraging

The General Court of the European Union has upheld the European Commission's prohibition of Booking Holdings' acquisition of eTraveli Group, endorsing for the first time a 'reverse leveraging' theory of harm in conglomerate mergers. This landmark judgment establishes that dominant companies can be blocked from acquiring complementary businesses even when the target operates in a market where the acquirer lacks dominance, fundamentally reshaping merger control enforcement in digital and ecosystem-driven mark
United StatesAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

KKR Agrees To Historic $250 Million Penalty For Alleged Violations Of HSR...

The Department of Justice announced a landmark $250 million settlement with KKR & Co. for allegedly submitting deficient Hart-Scott-Rodino Act notification forms across at least 16 transactions. This unprecedented penalty, the largest ever for HSR violations, raises critical questions about merger notification compliance obligations and the consequences of systemic noncompliance with federal antitrust review requirements.
United StatesAntitrust/Competition Law
Bracewell LLP
Bracewell LLP
Article

Recent Significant Federal Merger Enforcement Developments

The Justice Department has resumed targeted Second Request investigations to expedite merger reviews, while major entertainment industry consolidation faces legal challenges and the FTC secures record penalties for Hart-Scott-Rodino Act violations. These developments signal a shifting landscape in federal merger enforcement, balancing efficiency with rigorous antitrust scrutiny across multiple industries.
United StatesAntitrust/Competition Law
Wiggin and Dana LLP
Wiggin and Dana LLP
Article

DOJ Merger Investigation Closure Credits AI Competition And Highlights Targeted Second Request Reviews

The U.S. Department of Justice recently closed its investigation into a merger between two leading sales enablement software providers, citing AI competition as a key protective factor against potential competitive harm. This decision offers important insights into how antitrust agencies are evaluating AI-native companies as competitive constraints and implementing more efficient, targeted merger review processes in technology sector transactions.
United StatesAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

Massachusetts’ 2026 Ballot Questions: What Clients Need To Know

Massachusetts voters will decide nine statewide ballot questions in November 2026 that could fundamentally reshape the state's legal, regulatory, and fiscal landscape. These measures address government transparency, election reforms, housing development, marijuana regulation, firearms laws, and state revenue limits, with implications extending far beyond Election Day to implementation, regulation, and ongoing policy debates.
United StatesGovernment, Public Sector
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Pharmaceutical Policy In Motion Continued: The Trump Administration’s Second Wave Of Drug Pricing Deals

The Trump administration's most-favored-nation pricing initiative has expanded to include nine additional mid-sized pharmaceutical manufacturers, bringing the total coverage to 89% of the brand drug market. These new agreements focus on Medicaid pricing discounts aligned with international rates, while manufacturers commit billions to U.S. manufacturing and research in exchange for exemptions from future pricing mandates and potential tariffs.
United StatesFood, Drugs, Healthcare, Life Sciences
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

MintzTech Connect Industry News: Spotlight On Retro

Retro, a friends-only photo-sharing app built by former Instagram teammates Nathan Sharp and Ryan Olson, is challenging today's algorithm-driven social media landscape with a private, ad-free alternative. The app functions as a weekly photo journal designed to reconnect users with close friends and family, eschewing public feeds, follower counts, and AI-generated content in favor of intimate, subscription-based social spaces.
United StatesMedia, Telecoms, IT, Entertainment
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Office Of Strategic Capital Opens Application Window For National Security Fund Finance Program

The Department of War's Office of Strategic Capital has launched a groundbreaking $500 million to $1 billion fund finance program targeting critical minerals vital to U.S. national security. How will this federal-private capital partnership reshape financing for companies addressing supply chain vulnerabilities in strategic materials?
United StatesFinance and Banking
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

California’s AI-in-the-Workplace Legislative Blitz: California Legislature Passes Four New Bills That May Affect Employers

The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.
United StatesTechnology
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

DOE’s New Strategic Plan Sets An Expansive Course For Energy Dominance Financing

The US Department of Energy's Office of Energy Dominance Financing has unveiled its Strategic Plan for 2026-2030, marking a significant shift in federal energy financing priorities. With over $300 billion in combined loan authority across four programs, EDF aims to deploy hundreds of billions in new financing commitments while maintaining rigorous underwriting standards.
United StatesEnergy and Natural Resources
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Client Spotlight: Antora Energy Powers The Future Of Industrial Energy Storage

Antora Energy, a leading US thermal battery manufacturer, has secured $550 million in Series C financing to scale deployment of its innovative energy storage technology that converts low-cost electricity into heat stored in solid carbon blocks. The oversubscribed funding round will support expanded manufacturing capacity, establishment of a second US production hub, and large-scale project deployment to meet surging energy demand from industrial facilities, data centers, and the grid.
United StatesEnergy and Natural Resources
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.