U.S. Antitrust Agencies Continue Aggressive Enforcement of Small Acquisitions

U.S. Antitrust Agencies Continue Aggressive Enforcement of Small Acquisitions


By: Nathaniel L. Asker, Bernard (Barry) A. Nigro Jr., Aleksandr B. Livshits

Last week, the Federal Trade Commission challenged a $5 million acquisition in the pharmaceutical industry.  The FTC's challenge serves as a reminder that no deal is too small to generate scrutiny from the U.S. antitrust agencies.  During the Obama administration, the FTC and Department of Justice have devoted significant resources to investigating and challenging transactions that are not subject to the reporting requirements of the Hart-Scott-Rodino Act, including consummated transactions. The FTC's latest challenge serves as a reminder that a low purchase price or the lack of an HSR filing obligation does not exempt a transaction from antitrust scrutiny.
 

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