Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Hart-Scott-Rodino Act (HSR)

Law360 Expert Analysis: How To Navigate The Coming Antitrust Policy Tests

The FTC has announced penalties in two separate enforcement actions totaling almost $2 million for alleged violations of the HSR Act. The matters: U.S. v. Clarence L. Werner c/o Werner Enterprises, Inc.; and U.S. v. Biglari Holdings Inc. include claims of failures to file notification under the HSR Act and failures to observe the required … Continue Reading

Antitrust Enforcers Need Merger Presumptions to Reduce Market Power?

Under the Clayton Act (15 U.S.  Code § 18), certain business acquisitions are prohibited where “the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly.” Long-standing jurisprudence has established that merger challenges require, at the outset, a prima facie showing of the likelihood of a substantial lessoning … Continue Reading
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