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HTMLD.C. Circuit Holds that CFIUS Must Provide Due Process Before Prohibiting a Transaction
Giovanna M. Cinelli, Chad O. Dorr, Noel J. Francisco, Bevin M.B. Newman, Kenneth J. Nunnenkamp; Jones Day;
Legal Alert/Article
August 5, 2014, previously published on July 2014
The U.S. Court of Appeals for the D.C. Circuit has issued a landmark opinion granting due process rights to parties whose transactions have been blocked or suspended by the President of the United States following a national security review and investigation by the Committee on Foreign Investment...

 

HTMLFTC’s Workshop Examining Health Care Competition Covers a Variety of Notable Topics
Alexis Slagle Gilroy, Bevin M.B. Newman, Toby G. Singer; Jones Day;
Legal Alert/Article
April 24, 2014, previously published on April 2014
In support of efforts to reduce health care costs while concurrently increasing quality and accessibility in the health care industry, the Federal Trade Commission ("FTC") covered a number of topics relating to competition issues in the U.S. health care system during a special workshop on...

 

HTMLFederal Trade Commission Announces U.S. Merger Notification and Interlocking Directorates Thresholds For 2014
Bevin M.B. Newman, Tom D. Smith, Pamela L. Taylor; Jones Day;
Legal Alert/Article
February 5, 2014, previously published on January 2014
As published on January 23, 2014 in the Federal Register, the U.S. Federal Trade Commission has issued the required annual revisions to the Hart-Scott-Rodino ("HSR") Act thresholds that are used to determine when a transaction triggers premerger reporting requirements. The new HSR Act...

 

HTMLFTC Agrees to "Unusual" Remedy in Georgia Hospital Merger
Bevin M.B. Newman, Toby G. Singer; Jones Day;
Legal Alert/Article
September 2, 2013, previously published on August 2013
The U.S. Federal Trade Commission has settled its long running dispute with the Phoebe Putney Health System, Palmyra Park Hospital, and the Hospital Authority of Albany-Dougherty County over the Hospital Authority's acquisition of Palmyra in Albany, Georgia. Memorialized in a consent decree, the...

 

HTMLU.S. FTC Proposes Amendment to HSR Rules: Codifies "Pull and Refile" and Mandates Withdrawal for Deals That Will Not Proceed
Michael H. Knight, Bevin M.B. Newman, Tom D. Smith; Jones Day;
Legal Alert/Article
February 18, 2013, previously published on February 2013
The U.S. Federal Trade Commission (FTC) has voted to issue a proposed rulemaking amending the rules governing Hart-Scott-Rodino (HSR) filings made by parties to a proposed merger. The amendments would (1) codify the informal "pull and refile" process and (2) mandate automatic withdrawal...

 

HTMLU.S. Merger Notification and Interlocking Directorates Thresholds Announced for 2013
Bevin M.B. Newman, Tom D. Smith, Pamela L. Taylor; Jones Day;
Legal Alert/Article
January 17, 2013, previously published on January 2013
Yesterday the Federal Trade Commission announced the Hart-Scott-Rodino ("HSR") Act thresholds that will apply to transactions closing on or after February 11, 2013. The Commission also announced revised jurisdictional thresholds that trigger the prohibition on interlocking directorates...

 

HTMLU.S. DOJ Prosecutes Obstruction of Justice by South Korea Executive in Merger Investigation
Kathryn M. Fenton, Bevin M.B. Newman, Tom D. Smith, Ryan C. Thomas; Jones Day;
Legal Alert/Article
May 7, 2012, previously published on May 2012
A plea agreement entered into last week with the U.S. Department of Justice Antitrust Division (DOJ) provides a sobering reminder of the serious consequence of obstruction of justice, and highlights the fact that such obstruction issues can arise even in connection with seemingly routine merger...

 

HTMLU.S. Merger Notification and Interlocking Directorates Thresholds Increased
Bevin M.B. Newman, Tom D. Smith; Jones Day;
Legal Alert/Article
January 26, 2012, previously published on January 2012
On January 24, 2012, the Federal Trade Commission announced revised thresholds for Hart-Scott-Rodino ("HSR") Premerger Notification filings and for the jurisdictional thresholds that trigger the prohibition on interlocking directorates under Section 8 of the Clayton Act. These thresholds...

 

HTMLChina Publishes Final Rules on the National Security Review of Foreign Investment in Chinese Companies
Giovanna M. Cinelli, Sébastien J. Evrard, Bevin M.B. Newman, Kenneth J. Nunnenkamp, Peter J. Wang, Yizhe Zhang; Jones Day;
Legal Alert/Article
September 21, 2011, previously published on September 2011
China has published new rules to implement the national security review that will be conducted as part of the review of mergers and acquisitions by foreign investors and involving Chinese companies. These rules provide for review and potential rejection of acquisitions of Chinese companies by...

 

HTMLU.S. Agencies Announce Final Rules and Revised Hart-Scott-Rodino Premerger Form
Bevin M.B. Newman, Tom D. Smith, Pamela L. Taylor; Jones Day;
Legal Alert/Article
July 22, 2011, previously published on July 2011
In the first substantial change to the U.S. premerger filing requirements since 2005, the Federal Trade Commission and Department of Justice have issued a revised Premerger Notification and Report Form ("HSR Form") and final amendments to the rules governing the information reporting...

 


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