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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 34 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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Why Lorman?

Over 34 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, 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.

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.0
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • 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.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 61 Minutes.
     
  • NJ CLE 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
     

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.

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • NJ CLE 1.2
     
  • VT CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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Why Lorman?

Over 34 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 both 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 merger and other health care-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 Federal False Claims Act and other fraud actions
  • As a corporate director, head of compliance committee in heavily data-centric industry
  • Director of National Counsel of Registered ISAO’s, 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 34 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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