Antitrust Trends

“Rules Changes, Merger Data, and a Surprising FTC Loss,” an article by Washington partners Kenneth Ewing and James Halverson, has been published in the 2005 Antitrust Review of the Americas: A Global Competition Review special report.

The article addresses a number of recent issues: merger enforcement intensity and pace; statutory (Tunney Act) amendments to strengthen judicial review of Department of Justice consent decrees and proposed amendments to the Hart-Scott-Rodino Act (the HSR Act)  to treat partnerships like corporations and the resulting reporting obligations for partnerships and LLCs;  continued enforcement targeting non-reportable transactions and HSR Act violations, particularly involving the exemption for acquisitions solely for investment purposes; and a surprising courtroom setback for the FTC in which recently released statistics on past FTC merger challenges played a major role.

Statistical data released by the agencies about merger investigations and challenges contributed significantly to the FTC’s surprising trial-court rebuff in Arch Coal. The FTC’s appeal in that case merits close attention, since it raises several additional issues that could affect enforcement in a wide range of future cases.

For a copy of the article in PDF—An extract from The 2005 Antitrust Review of the Americas, a Global Competition Review special report.