Morgan Lewis (Washington)

David R. Brenneman

Morgan Lewis (Washington)

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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Morgan Lewis (Washington)
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3199 Bulletin

Bernard W. Archbold, Jonathan M. Rich, Maria Luisa Di Lauro, David R. Brenneman, Harry Robins The US FTC and DoJ propose sweeping new HSR Act rules and form which will require parties to provide substantially more information and documents


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 (...)

David R. Brenneman, Maria Luisa Di Lauro, Harry Robins The US President Biden signs into law the 2023 spending bill which includes dramatically increasing funding for antitrust enforcers, and modernizing merger filing fees


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 (...)

Harry Robins, David R. Brenneman, Bernard W. Archbold The US FTC lowers the thresholds for acquisitions meaning that transactions more than $92 million require preclosing filing and approval


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 (...)

Bernard W. Archbold, Zachary M. Johns, Ryan Kantor, David R. Brenneman The US FTC loses bid to stop Philadelphia hospital merger (Thomas Jefferson University / Albert Einstein Healthcare Network)


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 (...)

Harry Robins, David R. Brenneman The US DoJ and FTC publish a public statement regarding their ongoing commitment to antitrust enforcement in mergers and acquisitions during the COVID-19 crisis


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 (...)

David R. Brenneman, Mark L. Krotoski The US DOJ and FTC issue guidance signalling that they will bring enforcement actions for wage-fixing and no-poaching agreements under federal antitrust law


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 (...)


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