Hepler Broom, LLC

Category Archives: Antitrust

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 […]

Have You Heard From Rachel?

January 8, 2013

Not so fast.  Rachel is Robocaller associated with unwanted calls to consumers by multiple “Cardholder Services” companies offering credit card interest rate reductions in exchange for an up-front fee. The Federal Trade Commission is not amused.  On November 1, 2012 the FTC announced successful prosecution of five companies based in Arizona and Florida responsible for […]

Collaboration or Collusion? Oil and Gas Drillers Agree to Pay $550,000 to Settle Historic Federal Antitrust Lawsuit

January 2, 2013

Two oil and gas companies accused of illegally working together in auctions of four natural gas leases on federal land in Colorado have agreed to pay $275,000 each to settle the claim. The case is the first federal challenge to an anti-competitive bidding agreement for mineral rights, according to the U.S. Department of Justice (DOJ). […]