Gregory E. Heltzer

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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.

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case


By and on Jan 10, 2024
Posted In Cartel Enforcement, Distribution/Franchising, DOJ Developments, Joint Ventures/Competitor Collaboration

WHAT HAPPENED A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s alleged bid-rigging conduct. The executive, Brent Brewbaker, rigged bids between his former employer, Contech, and its distributor, Pomona Pipe...

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Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement


By , , , , , , , and on Jul 25, 2023
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission and the US Department of Justice under new proposed Merger Guidelines released on July 19, 2023. The Proposed Guidelines embody the antitrust agencies’ aggressive posture toward merger enforcement under the Biden administration. This On the Subject highlights the most significant changes...

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Heard at the 2023 Spring Meeting: Part 2


By , , , , , , , and on Apr 5, 2023
Posted In Consumer Protection/Privacy, DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance

The American Bar Association’s Antitrust Law Section held its annual Spring Meeting in Washington, DC, on March 29–31, 2023. The Spring Meeting sessions featured updates from federal, state, and international antitrust enforcers and thought-invoking discussions on leading antitrust issues facing the business community today. Following Part 1, this post summarizes key takeaways from the second...

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Heard at the 2023 Spring Meeting: Part 1


By , , , , , , , and on Apr 3, 2023
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance

The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading antitrust issues facing the business community today. This post recaps key takeaways from the first portion of the Spring Meeting. CIVIL ENFORCEMENT AND MERGER REVIEW:...

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DOJ Signals Heightened Scrutiny on Information Exchanges and Competitor Collaborations


By , , and on Feb 15, 2023
Posted In DOJ Developments, Healthcare Antitrust

WHAT HAPPENED On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on healthcare, DOJ’s decision to withdraw these statements will have broad impacts across industries. The three policy statements, issued in 1993, 1996, and 2011, relate to competitor collaboration...

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Merger Notification Thresholds and Filing Fees to Increase


By , and on Jan 24, 2023
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

The Federal Trade Commission (FTC) announced on January 23, 2023, the implementation of increased thresholds for merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) as well as increased filing fees for reportable transactions. Notification Threshold Increases Pursuant to the HSR Act, all transactions which meet or exceed the jurisdictional thresholds, and...

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2023 Regulatory Forecast: Antitrust & Competition


By , and on Jan 10, 2023
Posted In Consumer Protection/Privacy, DOJ Developments, FTC Developments, Mergers & Acquisitions

The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) pursued aggressive antitrust and competition enforcement agendas this past year and show no signs of slowing down in 2023. Prepare for the year ahead by reviewing our 2023 Regulatory Forecast for the antitrust and competition space. Click the links below to download a...

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Congress Overhauls Merger Filing Fees and Thresholds


By , , and on Dec 23, 2022
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

Congress has passed—and President Biden is expected to sign into law today—the Merger Filing Fee Modernization Act, which will significantly change antitrust merger notification regulations under the Hart-Scott-Rodino Act (HSR Act), 15 U.S.C. § 18a. Included in the changes is language substantially altering the framework for the filing fee amounts and the deal value thresholds...

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Navigating the FTC’s Expanded Unfair-Competition Stance


By , and on Nov 21, 2022
Posted In FTC Developments

On November 10, 2022, the Federal Trade Commission (FTC) voted to approve a new policy statement interpreting the FTC’s authority under Section 5 of the Federal Trade Commission Act, which prohibits “unfair methods of competition in or affecting commerce.” The newly adopted policy statement provides a significantly more expansive interpretation of the FTC’s authority and...

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Seven Corporate Directors Resign: DOJ Ramps Enforcement Against Board Members Serving on Competitors’ Boards


By , and on Oct 21, 2022
Posted In DOJ Developments

WHAT HAPPENED Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. § 19) by the US Department of Justice (DOJ), Antitrust Division (the Division), the Division announced Wednesday. The directors served on the boards of corporations that the DOJ asserted competed in a variety of sectors, including...

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