Megan Gerking

May 2, 2024 | jdsupra.com | Megan Gerking |Alexander Okuliar |Lisa Phelan

Potential Exceptions Status Under Final Rule FTC Comments/Rules Sale of Business Not prohibited Codified in § 910.3 – The exception “shall not apply to a noncompete clause that is entered into by a person pursuant to a bona fide sale of a business entity,[3] of the person’s ownership interest in a business entity, or of all or substantially all of a business entity’s operating assets” Note that the Final Rule does not contain the 25% ownership threshold that the FTC included in its proposed...

Jan 24, 2024 | jdsupra.com | Megan Gerking |Jeff Jaeckel |Kerry Jones

On January 22, 2024, the Federal Trade Commission (FTC) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust the thresholds annually to reflect changes in U.S. gross national product. The new reporting thresholds are expected to go into effect in late February, thirty days after their publication in the Federal Register.

Dec 22, 2023 | jdsupra.com | Megan Gerking |Evan Harris |Jeff Jaeckel

On December 18—nearly two years after announcing plans to revise the Merger Guidelines—the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (together, “the Agencies”) issued a final version of their new Merger Guidelines.[1] In many ways, these new Guidelines memorialize the Biden administration’s aggressive and skeptical approach to analyzing proposed transactions, introducing thresholds and criteria that will likely subject many more transactions to regulatory scrutiny.

Jul 28, 2023 | jdsupra.com | Megan Gerking |Evan Harris |Jeff Jaeckel

The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals.[1] The Agencies have periodically updated their Merger Guidelines, with the last such update in 2010.

Jul 7, 2023 | jdsupra.com | Megan Gerking |Jeff Jaeckel |Kerry Jones

July 7, 2023 Megan Gerking, Jeff Jaeckel, Kerry Jones, Alexander Paul Okuliar, Aaron Heath Scheinman, David Shaw, Kevin Wang Morrison & Foerster LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: ​ On June 27, 2023, the U.S. Federal Trade Commission (“FTC”), with the collaboration and concurrence of the Antitrust Division of the U.S. Department of Justice (“DOJ”), announced a Notice of Proposed Rulemaking (the “Notice”) that...