Category: Regulatory
Investment Funds Beware: Proposed HSR Amendments Would Increase Reporting Obligations
The US Federal Trade Commission and Department of Justice announced proposed changes to the rules governing Hart-Scott-Rodino (HSR) filings that, if implemented, would significantly increase the number of transactions that must be reported to the antitrust agencies – primarily by private equity, venture capital and other investment funds – as […]
SEC Adopts Final Amendments for M&A Financial Statement Disclosure
Yesterday, once again without an open meeting, the SEC voted (with a dissent from Commissioner Allison Lee) to adopt amendments to the requirements for financial statements relating to acquisitions and dispositions of businesses. According to the press release, the amendments are intended to improve disclosure of financial information, facilitate more […]
CFIUS Update: Final Regulations Implement FIRRMA
The US Department of the Treasury has issued two final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018. The final regulations broadly expand the jurisdiction of the Committee on Foreign Investment in the United States to review foreign investment transactions that implicate US national security concerns and […]
Antitrust Trends in 2019: Enforcement Watch List for the Year to Come
As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade Commission and enforcers around the world – that are likely to impact businesses this […]
CFIUS Pilot Program to Require Mandatory Notification of Certain Transactions
On October 10, 2018, the US Department of the Treasury issued a set of interim regulations for a pilot program implementing certain provisions of the Foreign Investment Risk Review Modernization Act of 2018, which President Trump signed into law August 13, 2018. Read full article
The Antitrust Review of the Americas 2019
High-tech antitrust enforcement is at the top of the Trump administration antitrust enforcement agenda, including challenges to mergers affecting technology platforms and the pharma and life sciences industries. Statements by senior leadership at both the US Department of Justice and US Federal Trade Commission promise vigorous enforcement in tech and pharma industries, and recent […]
CFIUS Reform Puts Spotlight on Tech Companies, Foreign Government-Controlled Investors
On August 13, 2018, President Trump signed the John S. McCain National Defense Authorization Act for fiscal year 2019. The NDAA includes the Foreign Investment Risk Review Modernization Act, which expands the power of the Committee on Foreign Investment in the United States to review certain investments in US businesses […]
M&A Guide to CFIUS: How the Review Process Can Impact Your Transaction
Article 2 of 4 As discussed in a prior article in this series, the Committee on Foreign Investment in the United States is authorized to review certain cross-border mergers, acquisitions and investment transactions and to recommend that the US president take action to mitigate any perceived national security concerns with […]
Antitrust 2018: Trends and Developments to Watch
Trump’s agency appointments are setting the antitrust agenda in 2018. We offer insights on what to expect in the new year, including an increased scrutiny on vertical mergers; a heightened focus on structural remedies in enforcement actions; a continued spotlight on the pharmaceutical industry – particularly with respect to proposed […]
Trump Antitrust Appointees Finally Set: What to Expect
Leadership at the top of the Department of Justice Antitrust Division and Federal Trade Commission appears to be set – nine months into the Trump Administration – with the confirmation of Makan Delrahim as Assistant Attorney General at DOJ and the announcement of the intention to nominate Joseph Simons to […]