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Articles Posted in Private Equity

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Update: Is it Time for Antitrust Lawyers and Private Equity Clients to Pay Attention to Interlocking Directorates and Section 8 of the Clayton Act? The Answer is Still Yes

  Authors:  Steven Cernak and Luis Blanquez Section 8 of the Clayton Act prohibits certain interlocking directorates between competing corporations. But while the prohibition has been around since 1914, most antitrust lawyers pay little attention to it, partly because companies can quickly resolve any issues voluntarily. We first brought Section…

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End of an Era: The FTC Proposes Significant Changes to the HSR Form

Authors: Steven Cernak and Luis Blanquez During the last week of June 2023, the Federal Trade Commission proposed making the most drastic changes to the Hart-Scott-Rodino form since the form was created in 1978. According to FTC Chair Lina M. Khan’s statement, joined by Commissioners Rebecca Kelly Slaughter and Alvaro…

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Give and Take of Proposed HSR Rules: Private Equity Companies and Small Transactions

Author: Steven Cernak As we detailed in earlier posts (see here and here, for instance), the system established by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) was designed to get sufficient information about impending mergers to the federal antitrust agencies so they could attempt to block anti-competitive ones before…