On March 4, the FTC published the revised Hart-Scott-Rodino (“HSR”) thresholds in the Federal Register. Retail (or other) companies contemplating mergers or acquisitions need to be aware of the new thresholds. Companies may need to file with the Federal Trade Commission and Department of Justice if the value of the deal exceeds $90 million. The revised thresholds will apply to all transactions closed on or after April 3, 2019.
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Department of Justice
Bumble Bee CEO Indicted over Price Fixing Allegations
By Amanda L. Wait & Andrew W. Eklund on
Posted in Advertising & Marketing, Competition/Antitrust
Bumble Bee Foods’ woes continue to mount as its CEO, Christopher Lischewski, has been indicted for price fixing.
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DOJ Announces New Policy to Prevent Duplication of Corporate Penalties
By Hunton Andrews Kurth LLP on
Posted in Corporate Governance
On May 9, 2018, Deputy Attorney General Rod Rosenstein announced a new Department of Justice policy intended to ensure coordination among DOJ departments and other enforcement agencies when pursuing penalties against corporations for violations arising out of the same conduct. …
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Recall Roundup: March
Posted in Insurance, Product Liability
This past month, several key recalls were made that affect the retail industry. Check back here each month for our Recall Roundup.
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Recall Roundup: February
Posted in Insurance, Product Liability
This past month, several key recalls were made that affect the retail industry. Check back here each month for our Recall Roundup.
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Houses Passes Bill Aimed at Curbing Abuse of ADA Public Accommodations Lawsuits
By M. Brett Burns & Susan S. Joo on
Posted in Class Action, Labor & Employment
On February 15, 2018, by a vote of 225 to 192, the House of Representatives passed the ADA Education and Reform Act. If passed, the bill would amend the ADA to provide a notice and cure period. …
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Recall Roundup: October
This past month, several key recalls were made that affect the retail industry. Check back here each month for our Recall Roundup.
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Federal Court Rules Inaccessible Website Violates Title III of the ADA
By M. Brett Burns & Susan S. Joo on
Posted in Labor & Employment
More and more website accessibility cases are being threatened and filed every day. Most, not unexpectedly, settle. Winn-Dixie v. Juan Carlos Gil did not, and what happened next is worth a closer look.
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DOJ Completes Review of Danone/WhiteWave Merger, Requires Divestitures
By Amanda L. Wait & Emma Lewis on
Posted in Competition/Antitrust, Mergers & Acquisitions
On April 3, 2017, the Antitrust Division of the U.S. Department of Justice announced that it completed its review of Danone S.A.’s acquisition of The WhiteWave Foods Company Inc. In order to allow the 12.5 billion dollar acquisition to proceed, the Antitrust Division is requiring Danone to divest the Stonyfield Farms business to an independent buyer approved by the U.S. government.
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FTC Issues Staff Study on the Effectiveness of Merger Remedies from 2006-2012
By Amanda L. Wait & Matthew S. Wheatley on
Posted in Competition/Antitrust, Mergers & Acquisitions
On February 3, 2017, the FTC released a staff report, The FTC’s Merger Remedies 2006-2012: A Report of the Bureaus of Competition and Economics, providing guidance to businesses and their counsel in evaluating the scope of possible remedies. …
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