Gregory E. Heltzer Gregory E. Heltzer

Subscribe to Gregory E. Heltzer's Posts
Gregory (Greg) E. Heltzer focuses his practice on defending mergers and acquisitions before the US Federal Trade Commission, US Department of Justice, state antitrust authorities and foreign competition authorities. Greg has extensive experience in evaluating whether potential transactions will be cleared by antitrust enforcers and developing a viable path for clearance. In addition, he handles complex antitrust litigation, government investigations and antitrust counseling. Read Greg Heltzer's full bio.

Proposed HSR Rule Changes Likely to Increase Filings and Information Requirements for Private Equity Firms


By and on Sep 23, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

What Happened: The FTC and DOJ proposed new Hart–Scott–Rodino (HSR) rules that, if issued in final form, will significantly change HSR practice for Private Equity (PE) companies. The Proposed Rules are subject to comment for 60 days after they are published in the Code of Federal Regulations (CFR) and will not go into effect until...

Continue Reading



THE LATEST: Antitrust Agencies Show Frustration with Slow Divestitures


By and on Jul 14, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

The US Federal Trade Commission (FTC) recently extracted a $3.5 million civil penalty from two companies involved in a gas station merger. The FTC asserts the companies violated their settlement agreement with the government, which required the divestment of 10 gas stations within 120 days from the date of the settlement agreement. The parties overshot...

Continue Reading



HSR Update – Early Termination Is Again An Option


By , and on Mar 27, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines.  The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system. Today, the Agencies have updated that guidance and as of March 30 will again grant early termination when both the FTC and...

Continue Reading



COVID-19’s Impact on HSR Filing Timelines (UPDATED)


By , and on Mar 20, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be significantly impacted,  although the agencies will not grant a request for early termination during this period (as noted in our recent update, the FTC...

Continue Reading



Procurement Collusion Strike Force’s Focus on Detection Yielding New Investigations


By , and on Mar 10, 2020
Posted In Cartel Enforcement, DOJ Developments

On March 3, 2020, the American Bar Association (ABA) hosted a Q&A with two members of the Procurement Collusion Strike Force (PCSF)—Mark Grundvig, the Assistant Chief of the DOJ Antitrust Division’s Criminal II section, and Marcus Mills, Special Agent, Major Fraud Investigations Division, USPS Office of Inspector General. During the course of the Q&A, Mr....

Continue Reading



Notification Threshold Under the Hart-Scott-Rodino Act Increased to $94 Million


By and on Jan 28, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

The US Federal Trade Commission today announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Notification Threshold Adjustments The US Federal Trade Commission (FTC) announced revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976...

Continue Reading



FTC and DOJ Draft Vertical Merger Guidelines Provide Additional Transparency to Agency Practice


By , , and on Jan 14, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical Merger Guidelines to explain how the antitrust agencies analyze vertical mergers. The guidelines were published in draft on January 10, 2020, and are now open for a...

Continue Reading



DOJ and Merging Parties Agree on Unprecedented Arbitration Procedure to Resolve Merger Challenge


By , and on Oct 11, 2019
Posted In DOJ Developments, Mergers & Acquisitions

WHAT HAPPENED: On September 4, 2019, the US Department of Justice’s Antitrust Division (DOJ) sued to block Novelis Inc.’s proposed $2.6 billion acquisition of Aleris Corporation. DOJ alleged that the transaction would combine two of only four North American producers of aluminum auto body sheet (ABS). DOJ further alleged that Aleris was a new and...

Continue Reading



FTC Settlement Agreement Demonstrates Commissioners’ Competing Views on Merger Non-Competes


By and on Oct 4, 2019
Posted In Energy/Commodities, FTC Developments, Mergers & Acquisitions

What Happened DTE and Enbridge’s natural gas pipeline joint venture, Nexus, agreed to purchase the Generation Pipeline (Generation). Generation was owned by a group of sellers including North Coast Gas Transmission (North Coast). Generation’s primary asset is a 23-mile pipeline that serves the Toledo, Ohio, area. North Coast continues to own a competing pipeline near...

Continue Reading



The Latest: Health Care Transactions Will Require Advance Notice to Washington State AG


By and on Jul 8, 2019
Posted In Healthcare Antitrust, Mergers & Acquisitions

What Happened: On May 7, 2019, Governor Jay Inslee of Washington State signed House Bill 1607 into law. The law goes into effect for transactions closing after January 1, 2020, and requires advance notice to the Washington Attorney General (AG) of certain transactions 60 days in advance of closing the transaction. The intent of the...

Continue Reading



STAY CONNECTED

TOPICS

ARCHIVES