Hepler Broom, LLC

Category Archives: Antitrust

A Large Merger, Acquisition or Joint Venture in Your Future? –Updated HSR Merger Notification Threshold Tests for Federal Antitrust Review Apply February 27, 2020

February 25, 2020

On January 31, the Federal Trade Commission (FTC) published its annual adjustments to the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The newly-revised thresholds represent modest increases over last year’s thresholds. They are published in the Federal Register and will become effective 30 days after the date of their […]

Antitrust Compliance Programs – Now More than Ever

August 15, 2019

Chances are you first become aware that your company is a target or subject of a criminal antitrust investigation when you receive a grand jury subpoena, or worse, when federal agents show up with a search warrant asking questions. This is serious business, given the consequences. Among the many questions experienced antitrust counsel will ask […]

No Poaching—New Meaning for Employers At the Intersection of Employment Practices and Antitrust

February 26, 2019

This is not about restrictions on how you cook your eggs or hunt game out of season. But read on if you are an employer and want to know about a serious and growing antitrust risk, heightened by federal and state antitrust enforcement as well as private litigation. Agreements to refrain from soliciting another company’s […]

Contemplating a Sizable Merger, Acquisition or Joint Venture?–Updated HSR Merger Notification Threshold Tests for Federal Antitrust Review Apply in March 2019

February 21, 2019

February 20, 2019 – On February 15, the Federal Trade Commission (FTC) published increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new thresholds represent an approximate 6.6 percent increase over last year’s thresholds. They are expected to be published in the Federal Register during the week of […]

Updated HSR Merger Notification Thresholds: Threshold Tests for Federal Antitrust Review Kicked in 2.28.18

March 21, 2018

On January 29, the Federal Trade Commission (FTC) published increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new thresholds increase last year’s thresholds by approximately 4%. The revised thresholds are effective for all transactions closing on or after February 28, 2018. The revised thresholds will remain in […]

New Hart-Scott-Rodino Antitrust Pre-Merger Notification Thresholds Announced; Annual GNP Adjustments Effective Feb. 27, 2017

February 28, 2017

Annually, the Federal Trade Commission (FTC) is required to revise the basic thresholds used to determine reportability of transactions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), based on the change in our gross national product. Once again the thresholds have increased. The changes were effective February 27, 2017. Most importantly, […]

Going Native: The Federal Trade Commission Enters the Native Advertising Jungle

January 26, 2016

The Internet, like so many things in life, is not free. The content we consume must be paid for and that usually means viewing advertisements.  But as our software and browsers become increasingly adept at blocking pop-ups and banner ads, advertisers have found themselves going native.  “Native advertising” refers to paid advertisements that are designed […]

Changing Creameries: A Look Inside France’s Yogurt Cartel

July 16, 2015

This year, France was treated to a quintessentially French scandal: a yogurt cartel.  On March 12, 2015, the Autorité de la Concurrence, France’s antitrust authority, announced that it was fining eleven companies more than €192 million ($214 million).  Together, these eleven companies represented close to 90% of French yogurt production. From 2006 to 2012, representatives […]

“Pay-for-Delay” Patent Settlements Coming Under Increased Antitrust Scrutiny

April 1, 2013

On January 17, 2013, the Federal Trade Commission (FTC) issued a report revealing an increase in “pay-for-delay” or “reverse-payment” patent settlements between brand-name pharmaceutical companies and their generic counterparts These controversial settlements typically involve a brand-name drug manufacturer who is granted a drug patent which gives the company the exclusive right to sell the drug […]

Attention Auto-Parts Industry: No End in Sight for Price-Fixing Prosecutions

February 5, 2013

If you are involved in the auto parts industry there is good reason to be concerned.  Why?  Read on. On October 31, 2012 The Department of Justice-Antitrust Division announced the ninth guilty plea for price-fixing and bid-rigging in a continuing investigation of industry practices.  The DOJ investigation reveals a long-standing conspiracy from approximately 2003 to […]

COVID-19 Updates

HeplerBroom LLC COVID-19 Response

HeplerBroom has been diligently working on its response and continuity plan to the COVID-19 pandemic in order to keep the health and safety of our employees, their families, and our clients as our top priority.

To help ensure everyone’s continued health and well-being, effective Tuesday, March 17, 2020, all attorneys and staff will be working remotely until March 31. This is an unprecedented and dynamic situation, and HeplerBroom is committed to observing governmental suggestions and requirements concerning public health while continuing to provide legal service second to none.

To ensure this, the firm has identified essential personnel in each office who will make certain that critical firm functions that cannot be done remotely continue to be handled. We have put in place protocol for those essential personnel to make sure they are keeping healthy per the CDC cleaning and sanitizing recommendations. All teams have back-up personnel and procedures that we will follow to make sure all deadlines are met and clients receive the same great service and work product that we have always been proud to provide.

HeplerBroom’s IT department has been working hard to make sure all remote employees are set up with equipment and access from home to limit disruption to our clients. Maintaining security and confidentiality has remained, and will continue to remain, at the forefront of all processes and procedures, at all levels throughout the firm.

The firm has created emergency communication measures to communicate any changes to this plan to employees and are communicating on a regular basis with any and all new resources and helpful information during this uncertain time.

During these fluid and unpredictable times, HeplerBroom will continue its commitment to great service and results for our clients, all while keeping safe and healthy.

Wishing you and your families good health.