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OnDemand Course

FTC Prior Approval Policy Change Raises Antitrust Risks for Buyers and Sellers

Understand the increased burden and risks associated with mergers and acquisitions that may raise a competitive concern.

The Federal Trade Commission and the Antitrust Division of the Department of Justice have increased their scrutiny of mergers and acquisitions, looking at new theories of harm and seeking ways to address market concentration in every industry. At the same time, and due in part to the backlog of transactions that were deferred due to the COVID-19 pandemic, the demands on these agencies to review mergers and acquisitions has never been greater. As a result, the federal antitrust enforcers have looked for ways to keep up with the workload without jeopardizing their stated goal of heightened enforcement. Among other things, the FTC has moved to strengthen and streamline the HSR review process and has moved to rescind a policy statement in effect since 1995 addressing the requirement for prior notice and approval in every settlement agreement. These changes have increased both the burden and risks associated with mergers and acquisitions that may raise a competitive concern.

62 minutes
Course Exam
Certificate of Completion
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Recent Policy Shifts in Merger Review and Enforcement

  • Changes in Leadership at FTC and Antitrust Division of DOJ
  • Increased Focus on Protecting Innovation/Market Disrupters, and Predicting Harm

Use and Changes to the Hart-Scott-Rodino Merger Review Process

  • Notification Requirements Under Hart-Scott-Rodino
  • Changes in Merger Review Under Hart-Scott-Rodino
  • Advent of Warning Letters
  • FTC's Efforts to Streamline yet Strengthen the Second Request Process

Historical Overview of Agency Mandated Notice and Approval Requirements in Settlement Agreements

  • Basis and Purpose of 1995 Policy Statement Addressing Notice and Approval Requirements
  • Recent FTC Decision to Rescind the 1995 Policy Statement

Practical Implications of the Change in Notice and Approval Requirements

  • Additional Burdens on Transacting Parties
  • Higher Stakes for Parties Seeking to Complete a Transaction That Might Raise Competitive Concerns
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on October 26, 2021.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Stuart M. Gerson

Stuart M. Gerson

Epstein Becker & Green, P.C.

  • Former Acting Attorney General of the United States, Assistant Attorney General, and federal prosecutor with hands-on enforcement and policy experience with respect to antitrust and data privacy and security
  • Experience in counseling and defending companies in antitrust litigation, including the successful court defenses of recent hospital mergers and other healthcare-related cases
  • Successful defense of class action litigation related to the privacy of both PII and PHI
  • Broad successful litigation and counseling experience with respect to the Federal False Claims Act and other fraud actions
  • As a corporate director, head of a compliance committee in a heavily data-centric industry
  • Director of National Council of Registered ISAOs, related to the adoption of best cyber practices and the fostering of public/private partnerships
E. John Steren

E. John Steren

Epstein Becker & Green, P.C.

  • Co-chair of the antitrust service team at the law firm of Epstein Becker & Green, P.C.
  • Counseling and defending clients for over thirty years in antitrust matters, including defense of antitrust enforcement actions brought by the Federal Trade Commission and the Antitrust Division of the Department of Justice
  • Broad successful litigation experience with respect to antitrust and other competition-related matters, including theft of trade secrets and violations of restrictive covenants
  • Contributing author to numerous publications on the topic of antitrust and co-author of the widely circulated blog post Antitrust Byte
  • Frequent lecturer on antitrust-related topics
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 409417
Published 2021
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