Alert

Carrie Mahan
Carrie Mahan
Partner
Washington DC
+1 202 682 7231
carrie.mahan@weil.com
Vadim Brusser
Vadim Brusser
Counsel
Washington DC
+1 202 682 7224
vadim.brusser@weil.com
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Federal Antitrust Agencies Act: Raising HSR Filing Thresholds and Issuing Final Guidelines for International Enforcement and IP Licensing

The final days of the Obama Administration saw a flurry of official announcements from the U.S. Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ), including increases in the HSR Thresholds for reportability of transactions, as well as Section 8’s interlocking directorate provisions. The Agencies also reported the issuance of final updates to both the Antitrust Guidelines for International Enforcement and Cooperation and the Antitrust Guidelines for the Licensing of Intellectual Property – neither of which have been updated since their original issuance decades ago in 1995.

Agencies Report Annual HSR Threshold Increases

On January 19, 2017, the antitrust agencies announced revisions to the jurisdictional thresholds of the Clayton Act. The revisions included not only an increase to the jurisdictional size of transaction and size of person thresholds under the HSR Act, but also an increase to the threshold for interlocking directorates prohibited by Section 8 of the Clayton Act.

Revised Antitrust Guidelines for International Enforcement and Cooperation Issued by FTC and DOJ

The DOJ and FTC issued final updated Antitrust Guidelines for International Enforcement and Cooperation on January 13, 2017. The revision is intended to reflect the impact of globalization on antitrust enforcement over the past two decades and evolving case law affecting international antitrust enforcement.

FTC and DOJ Finalize Revised Antitrust Guidelines for the Licensing of Intellectual Property

The DOJ and FTC issued final updated Antitrust Guidelines for the Licensing of Intellectual Property on January 12, 2017. While a broad range of comments were received, the final Guidelines were substantially similar to the proposal issued for public comment in August 2016.

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