David R. Brenneman is a Partner with Morgan Lewis in their Washington office. He represents clients primarily in mergers, acquisitions, joint ventures, and civil antitrust litigation. In the merger process, David works on premerger notification under the Hart-Scott-Rodino Act, international merger control, merger investigations, second requests, and compliance with consent orders. David represents pharmaceutical, chemical, and financial services clients before the Federal Trade Commission and US Department of Justice, and he coordinates filings for multimillion- and multibillion-dollar transactions worldwide. David is a member of the Morgan Lewis Committee on Foreign Investment in the United States (CFIUS) working group.
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The Federal Trade Commission (FTC) has proposed sweeping new Hart-Scott-Rodino Act (HSR) rules along with a new proposed HSR form that would completely change the HSR process. The proposed form—which the FTC prepared in consultation with the Antitrust Division of the US Department of Justice (...)
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The Federal Trade Commission (FTC) announced on January 23 that it will increase the Hart-Scott-Rodino Act (HSR Act) jurisdictional filing thresholds, which, along with the new HSR Act filing fee thresholds contemplated by the Merger Filing Fee Modernization Act of 2022, will go into effect (...)
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In what appears to have been in part a trade for tabling new antitrust legislation, at least for now, the Biden administration dramatically increased funding for the Federal Trade Commission and the Antitrust Division of the Department of Justice. It remains unclear whether this additional (...)
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The Federal Trade Commission announced on January 24 that it will increase the Hart-Scott-Rodino Act jurisdictional and filing fee thresholds. Any transaction closing on or after February 23, 2022 will be subject to the revised thresholds. The new rules include an increase in the “size of (...)
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The US Federal Trade Commission (FTC) recently voted to withdraw its approval of the Vertical Merger Guidelines (the 2020 VMGs), which, as we covered in the past, the FTC and Department of Justice (DOJ) issued over a year ago on June 30, 2020. The vote on September 15, 2021 to rescind the (...)
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The DOJ and FTC have suspended early termination (i.e., early clearance) for filings made under the Hart-Scott-Rodino Act. The Antitrust Division of the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced on February 4 that the two agencies will temporarily (...)
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The Federal Trade Commission (FTC) announced on February 1 that it will lower the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. Any transaction closing on or after March 4, 2021 will be subject to the revised thresholds. The new rules include a decrease in the (...)
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On December 8, 2020, Judge Gerald Pappert in the US District Court for the Eastern District of Pennsylvania denied a request from the Federal Trade Commission (FTC) and Pennsylvania attorney general (AG) to preliminarily enjoin a proposed merger between Thomas Jefferson University (TJU) and (...)
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US antitrust laws already on the books facilitate rapid investment without government delay: important practical tools and rules for dealmakers and their counsel in the wake of the coronavirus (COVID-19) pandemic and the current economic challenges. Recently, leaders of both the US Antitrust (...)
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Transactions closing on February 27 or later will be subject to increased HSR Act jurisdictional and filing fee thresholds. The Federal Trade Commission (FTC) announced on January 28 that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. Any (...)
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Transactions closing in mid-March will be subject to increased HSR Act jurisdictional and filing fee thresholds. On February 15, the Federal Trade Commission (FTC) announced that it will raise the HartScottRodino Act (HSR Act) jurisdictional and filing fee thresholds. Any transaction (...)
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On January 19, the Federal Trade Commission (FTC) announced that it will raise the Hart Scott Rodino Act (HSR Act) jurisdictional and filing fee thresholds. Any transaction closing on or after the effective date of the notice (30 days after the pending publication in the Federal Register) will (...)
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The DOJ will now treat wage-fixing and no-poaching agreements criminally. On October 20, the US Department of Justice (DOJ) and Federal Trade Commission (FTC) issued guidance (the Guidance) signaling that they will bring enforcement actions for wage-fixing and no-poaching agreements under (...)
