Noah Feldman Greene
Subscribe to Noah Feldman Greene's PostsNoah Feldman Greene focuses his practice on antitrust matters. He assists clients on mergers and acquisitions, including defending transactions before the Federal Trade Commission, Department of Justice, state antitrust authorities and foreign competition authorities. He also assists clients with premerger analysis and notifications under the Hart-Scott-Rodino Act. Additionally, Noah advises on antitrust compliance matters, antitrust litigation and government investigations. Read Noah Feldman Greene's full bio.
New Premerger Notification Regime to Fundamentally Change M&A Strategy
By Jon B. Dubrow, Raymond A. Jacobsen, Jr., Lisa P. Rumin, Ryan Tisch, Noah Feldman Greene, Graham Hyman and Reese Poncia on Oct 16, 2024
Posted In FTC Developments, Mergers & Acquisitions
On October 10, 2024, the Federal Trade Commission issued new final rules governing the US premerger notification filing process. These rules – the first major overhaul to the Hart-Scott-Rodino (HSR) filing form in the nearly 50-year history of the HSR Act – will fundamentally alter the premerger notification process. While the rules omit some of...
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New DOJ Task Force to Target ‘Multisided Giants’ in Healthcare
By Stephen Wu, Ashley Fischer, Daniel Powers and Noah Feldman Greene on May 10, 2024
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms involved in multiple sectors (e.g., insurance companies acquiring physician practices and/or essential healthcare IT and data services) are a key target for enforcement....
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Heard at the 2024 Antitrust Law Section Spring Meeting: Part II
By Lisa P. Rumin, Anthony S. Ferrara, Reese Poncia, Noah Feldman Greene, Zachary Sproull, Han Cui, Graham Hyman, Glenna Siegel, Alex Grayson, Betty Zhang and Gregory E. Heltzer on Apr 12, 2024
Posted In Agriculture, DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on priority antitrust issues affecting various industries. In this article, we highlight takeaways from the final two days of the Spring Meeting. Read more here.
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Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement
By Nicole Castle, Jon B. Dubrow, Noah Feldman Greene, Gregory E. Heltzer, Joel R. Grosberg, Raymond A. Jacobsen, Jr., Lisa P. Rumin, Ryan Tisch and Stephen Wu on Jul 25, 2023
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission and the US Department of Justice under new proposed Merger Guidelines released on July 19, 2023. The Proposed Guidelines embody the antitrust agencies’ aggressive posture toward merger enforcement under the Biden administration. This On the Subject highlights the most significant changes...
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DOJ Signals Heightened Scrutiny on Information Exchanges and Competitor Collaborations
By Noah Feldman Greene, Gregory E. Heltzer, Ashley Fischer and Stephen Wu on Feb 15, 2023
Posted In DOJ Developments, Healthcare Antitrust
WHAT HAPPENED On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on healthcare, DOJ’s decision to withdraw these statements will have broad impacts across industries. The three policy statements, issued in 1993, 1996, and 2011, relate to competitor collaboration...
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DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged
By Jon B. Dubrow, Gregory E. Heltzer and Noah Feldman Greene on Sep 20, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
WHAT HAPPENED During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement agencies—should devise fixes for allegedly anticompetitive transactions. Danks stated “that something is broken about the way that the antitrust community talks about remedies in the context...
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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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Antitrust M&A Snapshot | Q3 2021
By Noah Feldman Greene, Max Küttner, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin on Nov 1, 2021
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
In the United States, the US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of Transportation earlier this year demonstrates the Biden administration’s commitment to aggressive antitrust enforcement. US President Joe Biden issued an Executive Order calling for tougher antitrust enforcement, including...
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FTC “Prior Approval” Policy for Future Transactions Raises Antitrust Risks for Buyers and Sellers
By Jon B. Dubrow and Noah Feldman Greene on Jul 22, 2021
Posted In FTC Developments, Mergers & Acquisitions
The US Federal Trade Commission (FTC) voted July 21, 2021, to repeal a 1995 policy statement that eliminated prior approval and prior notice provisions from most merger settlements. In repealing this longstanding policy—and likely insisting on the inclusion of such provisions in future settlements—the FTC will have significantly greater authority to review and block future...
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Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws
By Ashley Fischer, Katharine M. O'Connor and Noah Feldman Greene on Jul 15, 2021
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several priorities. The Federal Trade Commission (FTC) and US Department of Justice (DOJ) already have been actively enforcing the antitrust laws in provider consolidation matters....
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