Two recent cases involving the US Department of Justice, Antitrust Division demonstrate that the DOJ and the US Federal Trade Commission will review mergers that otherwise escape the agencies’ scrutiny by falling below the Hart-Scott-Rodino Act merger filing thresholds.
On September 25, 2013, the US Federal Trade Commission and the Antitrust Division of the Department of Justice jointly released an updated model waiver of confidentiality for use in civil matters involving non-US competition authorities.
The US antitrust agencies have issued decisions and guidelines in the past month that are important for companies completing transactions that require US merger control filings pursuant to the Hart-Scott-Rodino Act (HSR).
The developments include a proposed modification to the HSR Form that would impact reporting requirements, AIA’s First-Inventor-to-File provisions, Federal Circuit cases to watch, Reverse-Payment legislation, proposed State legislation concerning the substitution of biosimilar products, the US Federal Excise Tax on medical devices sales and the FDA’s draft guidance for the evaluation and labeling of abuse-deterrent opioids.
On September 20, 2012, a federal judge imposed a $500 million fine on AU Optronics (AU), a Taiwanese manufacturer of thin-film transistor liquid crystal display (TFT-LCD) panels, for its role in a price-fixing conspiracy.