Gregory E. Heltzer
Subscribe to Gregory E. Heltzer's PostsGregory (Greg) E. Heltzer focuses his practice on defending mergers and acquisitions before the US Federal Trade Commission, US Department of Justice, state antitrust authorities and foreign competition authorities. Greg has extensive experience in evaluating whether potential transactions will be cleared by antitrust enforcers and developing a viable path for clearance. In addition, he handles complex antitrust litigation, government investigations and antitrust counseling. Read Greg Heltzer's full bio.
Kanter Signals DOJ to Follow FTC Lockstep, Calls for Substantial Change to Competition Enforcement Approach
By Graham Hyman and Gregory E. Heltzer on Mar 14, 2022
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Monopolization/Abuse of Dominance
In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives shortcomings in antitrust enforcement. These speeches signaled that the Division, under Kanter’s direction, will take a more aggressive stance toward perceived...
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Treasury Responds to Biden Administration Executive Order with Report, Recommendations to Increase Alcohol Industry Competition
By Alva Mather and Gregory E. Heltzer on Feb 15, 2022
Posted In Distribution/Franchising, DOJ Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
On February 9, 2022, the US Treasury Department (Treasury) released a report with recommendations for how the Tobacco Tax and Trade Bureau (TTB), Federal Trade Commission (FTC) and Department of Justice (DOJ) can help drive competition in the beer, wine and spirits markets by stepping up conduct enforcement, adopting creative and nuanced theories of harm...
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Notification Threshold Under the Hart-Scott-Rodino Act Increased to $101 Million
By Noah Feldman Greene, Timothy (Ty) Carson and Gregory E. Heltzer on Jan 21, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On January 21, 2022, the US Federal Trade Commission (FTC) announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The thresholds are indexed to changes in the gross national product (GNP). NOTIFICATION THRESHOLD ADJUSTMENTS These increased thresholds are scheduled to be published in the Federal Register on January 24, 2022, which would...
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Senate Passes Bill to Substantially Increase HSR Merger Filing Fees for Deals Greater Than $5 Billion
By Graham Hyman and Gregory E. Heltzer on Jun 10, 2021
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
On June 6, 2021, the US Senate passed the Merger Filing Fee Modernization Act of 2021. The bill is co-sponsored by Senator Amy Klobuchar (D-MN), the Chairwoman of the Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights; and Senator Chuck Grassley (R-IA). The bill amends the premerger notification provisions of 15 U.S.C. § 18a...
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Proposed Bill to Substantially Increase HSR Merger Filing Fees for Deals Greater Than $5 Billion Advances Out of Committee
By Reese Poncia and Gregory E. Heltzer on May 14, 2021
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On Thursday, May 13, the US Senate Judiciary Committee voice-vote approved and advanced Senator Amy Klobuchar’s (D-MN) Merger Filing Fee Modernization Act of 2021. This bill seeks to increase HSR filing fees required for mergers and acquisitions, altering fees for all transactions, and substantially increasing HSR filing fees for deals greater than $5 billion to...
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Enforcement Agencies Announce Moratorium on Early Termination Program for Merger Reviews
By Graham Hyman, Timothy (Ty) Carson and Gregory E. Heltzer on Feb 9, 2021
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The US Federal Trade Commission (FTC) released a joint statement with the Department of Justice (DOJ) on February 4, 2021, signaling comprehensive changes to the merger review process. In a significant development, the agencies declared a moratorium on the early termination program for merger reviews. This policy shift signals a potential sea change in antitrust...
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Notification Threshold under the Hart-Scott-Rodino Act Decreased to $92 Million
By Gregory E. Heltzer and Noah Feldman Greene on Feb 2, 2021
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The US Federal Trade Commission (FTC) yesterday released decreased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The thresholds are indexed to changes in the gross national product (GNP). They normally increase year over year but have decreased this year because of the economic impacts of COVID-19. We last saw a decrease in...
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Proposed HSR Rule Changes Likely to Increase Filings and Information Requirements for Private Equity Firms
By Gregory E. Heltzer and Jon B. Dubrow on Sep 23, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
What Happened: The FTC and DOJ proposed new Hart–Scott–Rodino (HSR) rules that, if issued in final form, will significantly change HSR practice for Private Equity (PE) companies. The Proposed Rules are subject to comment for 60 days after they are published in the Code of Federal Regulations (CFR) and will not go into effect until...
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THE LATEST: Antitrust Agencies Show Frustration with Slow Divestitures
By Gregory E. Heltzer and Matt Evola on Jul 14, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The US Federal Trade Commission (FTC) recently extracted a $3.5 million civil penalty from two companies involved in a gas station merger. The FTC asserts the companies violated their settlement agreement with the government, which required the divestment of 10 gas stations within 120 days from the date of the settlement agreement. The parties overshot...
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HSR Update – Early Termination Is Again An Option
By Gregory E. Heltzer, Jon B. Dubrow and Joel R. Grosberg on Mar 27, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system. Today, the Agencies have updated that guidance and as of March 30 will again grant early termination when both the FTC and...
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