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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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.
Continue Reading DOJ Announces New Policy to Prevent Duplication of Corporate Penalties

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.
Continue Reading DOJ Completes Review of Danone/WhiteWave Merger, Requires Divestitures

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.
Continue Reading FTC Issues Staff Study on the Effectiveness of Merger Remedies from 2006-2012