Gregory E. Heltzer
Subscribe to Gregory E. Heltzer's PostsGregory (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.
THE LATEST: Antitrust Remains in Political Crosshairs for 2018 Midterm Elections
By Gregory E. Heltzer and McDermott Will & Emery on Dec 14, 2017
Posted In Mergers & Acquisitions
WHAT HAPPENED: Senator Elizabeth Warren (D-MA) gave a speech at the Open Markets Institute on December 6 entitled “Three Ways to Remake the American Economy for All”, in which she repeatedly positioned antitrust policy as a tool to rebalance competition between “big, powerful corporations” and “just about everyone else.” Senator Warren spoke critically about recent...
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THE LATEST: Integra Forced to Divest Neurosurgical Tools to Gain FTC Clearance
By Gregory E. Heltzer and Louise Aberg on Oct 2, 2017
Posted In FTC Developments, Healthcare Antitrust, IP Antitrust, Mergers & Acquisitions
WHAT HAPPENED On February 14, 2017, Integra agreed to purchase Johnson & Johnson’s Codman neurosurgery business (excluding Codman’s neurovascular and drug deliver businesses) for $1.045 billion. Seven months later, on September 25, 2017, the Federal Trade Commission (FTC) agreed to clear the transaction subject to the parties divesting five neurosurgical tools and associated assets including...
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Trump’s DOJ Challenges Merger Cleared during Waning Days of Obama Administration
By Gregory E. Heltzer and Joel R. Grosberg on Sep 27, 2017
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
WHAT HAPPENED On December 1, 2016 Parker-Hannifin agreed to acquire Clarcor for $4.3 billion. The merger agreement included a $200 million divestiture cap – that is, Parker-Hannifin was required, if necessary, to divest assets representing up to $200 million in net sales to obtain antitrust clearance. The initial antitrust waiting period under the Hart-Scott-Rodino Act...
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Senate Democrats Push for Tougher Merger Enforcement
By Gregory E. Heltzer, Louise Aberg and Lisa A. Peterson on Sep 18, 2017
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On September 14, 2017, Senator Amy Klobuchar (D-MN), introduced new legislation to curtail market concentration and enhance antitrust scrutiny of mergers and acquisitions. As the Ranking Member of the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights, Klobuchar is the leading Senate Democrat for antitrust issues. Two bills were submitted to the...
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THE LATEST: FTC Settles with Breeder Trade Association over Association Rules That Limited Price Competition for Dairy Bull Semen
By Gregory E. Heltzer and Katharine M. O'Connor on Aug 24, 2017
Posted In Agriculture, FTC Developments, Joint Ventures/Competitor Collaboration
The two current commissioners of the Federal Trade Commission (FTC) approved another final order and consent agreement with a trade association, this time with the National Association of Animal Breeders, Inc. (NAAB). WHAT HAPPENED: NAAB is a non-profit corporation of approximately 24 member businesses that compete to sell dairy cattle semen to US dairy farms...
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THE LATEST: American Guild of Organists Reaches Settlement Agreement with the FTC over Challenged Professional Association Rules
By Gregory E. Heltzer and Katharine M. O'Connor on May 31, 2017
Posted In FTC Developments
The two current commissioners of the Federal Trade Commission (FTC) approved a final order and consent agreement with the American Guild of Organists (AGO) after a public comment period of two months. The FTC alleged that the AGO violated Section 5 of the Federal Trade Commission Act by agreeing to restrain competition among its organist...
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THE LATEST: Rohit Chopra, Progressive Student Loan Watchdog, Recommended for FTC Commissioner
By Gregory E. Heltzer and Katharine M. O'Connor on May 17, 2017
Posted In FTC Developments
The Federal Trade Commission (FTC) is composed of five Commissioners each with terms of seven years. The Commissioners are appointed by the President with the advice and consent of the Senate. At any given time, no more than three Commissioners may be members of the same political party. Currently, Acting Chairman Ohlhausen (R) and Commissioner...
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THE LATEST: Behavioral Remedy Satisfies European Commission in Rolls-Royce’s €720M Agreement to Purchase the Rest of ITP
By Gregory E. Heltzer on Apr 21, 2017
Posted In EC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
WHAT HAPPENED: Rolls-Royce and SENER have a 47 percent/53 percent joint-venture in Industrial de Turbo Propulsores (ITP)–an aircraft engine components manufacturer. Rolls-Royce announced it would buyout its partner’s 53 percent interest in ITP on July 11, 2016. Rolls-Royce supplies the engine for Lockheed Martin’s C-130J (turboprop military transport aircraft). Rolls-Royce, together with ITP, MTU and...
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THE LATEST: Limiting Early Discovery in Parallel Criminal and Civil Cases
By Gregory E. Heltzer, Lauren Salins and Mary Strimel on Apr 20, 2017
Posted In Cartel Enforcement, DOJ Developments, Private Litigation
Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a judge’s determination on discovery timing and process. Private plaintiffs are incentivized to obtain as much information about the case as early as possible to support their allegations and...
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THE LATEST: Losing Bidder for Pharmaceutical Triggers FTC Investigation, Fix, and $100 Million Fine in Non-HSR-Reportable Transaction
By McDermott Will & Emery and Gregory E. Heltzer on Mar 13, 2017
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Private Litigation
A private lawsuit filed by Retrophin Inc. (Retrophin), under then-CEO Martin Shkreli, likely triggered an investigation by the FTC into a consummated transaction. Both the private lawsuit and the FTC complaint resulted in settlement. In addition, the FTC levied a $100 million penalty. WHAT HAPPENED: In 2013, Questcor Pharmaceuticals, Inc. (Questcor) acquired the U.S. rights...
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