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.
THE LATEST: FTC’s New “Technology Task Force” Has Broad Mandate Including Review of Consummated Transactions
By Gregory E. Heltzer and Noah Feldman Greene on Mar 1, 2019
Posted In FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Uncategorized
The US Federal Trade Commission’s (FTC) Bureau of Competition announced the launch of a new Technology Task Force that will investigate anticompetitive conduct, review past transactions, as well as contribute to pending merger reviews. The FTC’s investigation of consummated transactions will not be limited to large transactions that meet the HSR filing thresholds, but will...
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Mexican Competition Authority Sanctions BorgWarner and REMY Holdings for Gun Jumping
By Gregory E. Heltzer and Sara Fernandez on Feb 20, 2019
Posted In Mergers & Acquisitions
On January 31, the Board of the Mexican Competition Authority—the Federal Economic Competition Commission (COFECE)—approved REMY Holdings International’s acquisition of BorgWarner’s vehicle aftermarket business. However, the companies failed to file and were fined for their misconduct (~$153,134). The fine was less severe because the parties voluntarily acknowledged their failure to notify COFECE. WHAT HAPPENED: On...
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Notification Threshold Under the Hart-Scott-Rodino Act Increased to $90 Million
By Gregory E. Heltzer and Matt Evola on Feb 15, 2019
Posted In DOJ Developments, FTC Developments
The US Federal Trade Commission recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Notification Threshold Adjustments The US Federal Trade Commission (FTC) announced revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976...
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THE LATEST: FTC Submits Comment on FDA Guidance Aimed at Deterring Abuse of Citizen Petition Process
By Gregory E. Heltzer, Jonathan Ende and Will Diaz on Dec 11, 2018
Posted In FTC Developments, Healthcare Antitrust
The Federal Trade Commission (FTC) submitted comments supporting the Food and Drug Administration’s (FDA) guidance for assessing whether a pharmaceutical company petitioner is misusing the citizen petition process to delay approval of a competing drug. WHAT HAPPENED: The FDA released revised draft guidance intended to discourage pharmaceutical companies from gaming the citizen petition process. The...
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THE LATEST: DOJ Announces New Model Timing Agreement for Merger Investigations
By Gregory E. Heltzer and Matt Evola on Dec 4, 2018
Posted In DOJ Developments, Mergers & Acquisitions
Consistent with Assistant Attorney General Delrahim’s speech on September 25, 2018, the DOJ released a new Model Timing Agreement which sets out that it will require fewer custodians, take fewer depositions, and commit to a shorter overall review period in exchange for the provision of detailed information from the merging parties earlier in the Second...
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THE LATEST: FTC Continues Focus on Improving Procedures for Evaluating Remedy Packages
By Gregory E. Heltzer and Matt Evola on Sep 10, 2018
Posted In FTC Developments, Mergers & Acquisitions
WHAT HAPPENED The FTC posted a short article indicating that after finalizing a settlement package with FTC Staff, it takes approximately four weeks for the Directors of the Bureau of Competition and the Bureau of Economics (the Directors), as well as the Commission to review the Directors’ recommendations and vote on the package. The FTC...
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THE LATEST: Collateral Risk in Merger Reviews
By Gregory E. Heltzer and Louise Aberg on Jul 30, 2018
Posted In DOJ Developments, Mergers & Acquisitions
WHAT HAPPENED The Wall Street Journal has reported that the Antitrust Division of the Department of Justice (DOJ) is currently investigating whether advertising sales teams for competing television station owners engaged in anticompetitive conduct regarding communications on performance levels. Per the Journal’s reporting: DOJ is investigating whether the purported communications led to higher rates for...
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FTC Alleges Another Price Discrimination Market – Seeks to Block Wilhelmsen’s Acquisition of Drew Marine
By Gregory E. Heltzer and Jonathan Ende on Mar 15, 2018
Posted In FTC Developments, Mergers & Acquisitions
The Federal Trade Commission (FTC) recently announced that it has challenged a merger between Wilhelmsen Maritime Services (Wilhelmsen) and Drew Marine Group (Drew) because of an overlap in service to “global fleet customers,” a narrow customer segment that purchases marine water treatment chemicals and services. WHAT HAPPENED: The FTC issued an administrative complaint and filed...
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THE LATEST: Just Because Your Deal Cleared Doesn’t Mean You’re in the Clear
By Gregory E. Heltzer and Lisa A. Peterson on Mar 13, 2018
Posted In Mergers & Acquisitions, Private Litigation
Dealmakers know that a critical part of the merger process is obtaining antitrust clearance from government enforcers. But, even if the antitrust enforcers review and clear a transaction, a third-party can file a private suit alleging the transaction violated the antitrust laws. Recently, an aggrieved customer did just that—it won a substantial jury verdict and...
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THE LATEST: Antitrust Remains in Political Crosshairs for 2018 Midterm Elections
By Gregory E. Heltzer and McDermott Will & Emery on Dec 14, 2017
Posted In Mergers & Acquisitions
WHAT HAPPENED: Senator Elizabeth Warren (D-MA) gave a speech at the Open Markets Institute on December 6 entitled “Three Ways to Remake the American Economy for All”, in which she repeatedly positioned antitrust policy as a tool to rebalance competition between “big, powerful corporations” and “just about everyone else.” Senator Warren spoke critically about recent...
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