Graham Hyman
Subscribe to Graham Hyman's PostsGraham Hyman focuses his practice on antitrust matters and competition law. He advises clients on mergers and acquisitions (M&A), including obtaining clearance before the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as making pre-merger notification filings under the Hart-Scott-Rodino (HSR) Act. He also advises on compliance matters, antitrust litigation and government investigations. Graham counsels clients across a variety of industries, including the aerospace and defense, pharmaceutical, healthcare, consumer products and energy sectors. Additionally, Graham maintains an active pro bono practice. Read Graham Hyman's full bio.
Congress Overhauls Merger Filing Fees and Thresholds
By Graham Hyman, Jon B. Dubrow, Gregory E. Heltzer and Timothy (Ty) Carson on Dec 23, 2022
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Congress has passed—and President Biden is expected to sign into law today—the Merger Filing Fee Modernization Act, which will significantly change antitrust merger notification regulations under the Hart-Scott-Rodino Act (HSR Act), 15 U.S.C. § 18a. Included in the changes is language substantially altering the framework for the filing fee amounts and the deal value thresholds...
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Navigating the FTC’s Expanded Unfair-Competition Stance
By Gregory E. Heltzer, Graham Hyman and Raymond A. Jacobsen, Jr. on Nov 21, 2022
Posted In FTC Developments
On November 10, 2022, the Federal Trade Commission (FTC) voted to approve a new policy statement interpreting the FTC’s authority under Section 5 of the Federal Trade Commission Act, which prohibits “unfair methods of competition in or affecting commerce.” The newly adopted policy statement provides a significantly more expansive interpretation of the FTC’s authority and...
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DOJ Antitrust Head Signals Aggressive Enforcement against Private Equity Transactions
By Gregory E. Heltzer and Graham Hyman on May 31, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
US antitrust enforcers have signaled that private equity firms are the prime targets for upcoming aggressive antitrust merger enforcement. In a recent interview, US Assistant Attorney General Jonathan Kanter stated that the motive of a private equity firm may be “designed to hollow out or roll up an industry and essentially cash out,” which “is...
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Heard on Day Two and Three of 2022 Antitrust Law Spring Meeting
By Lisa P. Rumin, Han Cui, Claire Danberg, Anthony S. Ferrara, Graham Hyman and Zachary Sproull on Apr 12, 2022
Posted In Cartel Enforcement, Consumer Protection/Privacy, DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
On April 7 and 8, 2022, the American Bar Association’s Antitrust Law Section wrapped up its annual Spring Meeting. The event featured updates and remarks from several antitrust enforcers, including FTC Chair Lina Khan and US Assistant Attorney General for the Antitrust Division Jonathan Kanter. In this post, we share key takeaways from the final...
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Heard on Day One of 2022 Antitrust Law Spring Meeting
By Lisa P. Rumin, Anthony S. Ferrara, Reese Poncia, Alexandra Lewis, Graham Hyman, Joshua W. Eastby and Han Cui on Apr 7, 2022
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
This week, the American Bar Association’s Antitrust Law Section kicked off its annual Spring Meeting in Washington, DC, which features updates from the antitrust enforcers and substantive discussions on today’s most pressing antitrust issues. In this post, we share key takeaways from the first day of the Spring Meeting. Agencies Continue to Be Hostile to...
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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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Antitrust M&A Snapshot | Q2 2021
By Graham Hyman, Karolien Van der Putten, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin on Aug 6, 2021
Posted In Agriculture, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
In the United States, aggressive antitrust enforcement is likely to continue with the appointment of Lina Khan as Federal Trade Commission (FTC) Chair and the nomination of Jonathan Kanter to lead the Department of Justice’s (DOJ) Antitrust Division. The premerger notification landscape continues to shift as filings reach another record high. Technology companies remain in...
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Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims
By Lisa P. Rumin and Graham Hyman on Jun 30, 2021
Posted In Energy/Commodities, IP Antitrust, Monopolization/Abuse of Dominance
The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this case the US Court of Appeals for the Fifth Circuit. Chandler v. Phoenix Services LLC, Case No. 20-1848 (Fed Cir. June 10, 2021) (Hughes,...
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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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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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