Martin M. Toto is a partner at White & Case, based in New York. He concentrates in US antitrust law and trade regulation, including (1) criminal investigations and litigation ; (2) civil litigation ; (3) the antitrust aspects of mergers and acquisitions and the Hart-Scott-Rodino merger review process ; and (4) antitrust counseling. His practice focuses on representation of multinational corporations—often based abroad. He has worked on obtaining antitrust clearance for numerous mergers, acquisitions and joint ventures and has coordinated the European Union and other worldwide merger notifications for transactions requiring clearance in foreign jurisdictions. He has defended clients before the US Department of Justice and Federal Trade Commission (FTC). Mr. Toto also has advised companies on virtually all aspects of antitrust law, including those relating to intellectual property, vertical restraints, monopolization, concerted activity and price fixing, trade association activity, resale price maintenance and price discrimination. He has worked on transactions, litigation and investigations in a variety of industries, including advertising, banking and financial services, chemicals, computer equipment and software, construction equipment, consumer electronics, credit reporting and scoring, defense, food processing, mining, motor vehicles, pharmaceuticals, publishing, pulp and paper, retail sales, semiconductors, shipping and telecommunications.
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The Proposed Merger Guidelines represent the DOJ’s and the FTC’s aggressive scrutiny of mergers. As one of the most important reflections of policy the Antitrust Agencies use to analyze transactions, the Proposed Guidelines—once finalized—reflect the clear shift in recent merger enforcement in (...)
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If the proposed rule is finalized, merging parties will face expansive requirements for HSR filings and lengthy filing preparation times. On June 27, 2023, the US Federal Trade Commission ("FTC"), with the concurrence of the Antitrust Division of the US Department of Justice, issued a Notice (...)
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On January 21, 2022, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2022 (...)
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While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything (...)
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On February 1, 2021, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2021 (...)
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On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)
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On January 26, 2018, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. Accordingly, the 2018 (...)
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. New rules issued by the Federal Trade Commission on July 7, 2011 will streamline some information required for the Hart-Scott-Rodino Act (“HSR Act”) (...)
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According to published reports, the Antitrust Division of the US Department of Justice (DOJ) has opened an investigation into possible collusion among various hedge funds that trade euro contracts. The inquiry comes amid a sharp decline in the value of the euro, which has fallen approximately (...)
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On April 13, 2009, the US Department of Justice’s Antitrust Division ("DOJ") announced its Economic Recovery Initiative ("Recovery Initiative"), which is designed to identify any fraud or collusive activity related to the federal government’s stimulus spending under the American Recovery and (...)
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On May 11, 2009, the Antitrust Division of the Department of Justice (“DOJ”), in a speech by new Assistant Attorney General Christine A. Varney and a press release issued later in the day, formally withdrew the report entitled Competition and Monopoly : Single-Firm Conduct under Section 2 of (...)
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Companies that have participated in or plan to participate in joint bidding practices in the context of corporate acquisitions (otherwise known as “club deals”) may risk some unwanted antitrust scrutiny from shareholders and others. A recent decision by the United States District Court for the (...)
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Today’s world of cross-border mergers and acquisitions requires compliance with the antitrust filing schemes of a potentially large number of jurisdictions. Many jurisdictions have their own filing requirements and the rules on reportability are often technical and complex. Most statutes (...)
