Graham Hyman
Subscribe to Graham Hyman's PostsGraham Hyman focuses his practice on antitrust matters and competition law. He advises clients on mergers and acquisitions (M&A), including obtaining clearance before the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as making pre-merger notification filings under the Hart-Scott-Rodino (HSR) Act. He also advises on compliance matters, antitrust litigation and government investigations. Graham counsels clients across a variety of industries, including the aerospace and defense, pharmaceutical, healthcare, consumer products and energy sectors. Additionally, Graham maintains an active pro bono practice. Read Graham Hyman's full bio.
Heard at the 2024 Antitrust Law Section Spring Meeting: Part II
By Lisa P. Rumin, Anthony S. Ferrara, Reese Poncia, Noah Feldman Greene, Zachary Sproull, Han Cui, Graham Hyman, Glenna Siegel, Alex Grayson, Betty Zhang and Gregory E. Heltzer on Apr 12, 2024
Posted In Agriculture, DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion on priority antitrust issues affecting various industries. In this article, we highlight takeaways from the final two days of the Spring Meeting. Read more here.
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FTC Announces Annual Merger Notification Threshold and Filing Fee Adjustments
By Graham Hyman, Gregory E. Heltzer and Timothy (Ty) Carson on Jan 23, 2024
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
On January 22, 2024, the Federal Trade Commission (FTC) announced increased jurisdictional thresholds, increased filing fee thresholds and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). Merger Notification Threshold Changes The HSR Act compels transacting parties to notify the FTC and US Department of Justice...
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Antitrust M&A Snapshot | Q2 2023
By Graham Hyman, Mary Hecht, Jon B. Dubrow, Joel R. Grosberg, Stéphane Dionnet, Matt Evola and Max Küttner on Jul 31, 2023
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
Topics covered in this edition: FTC Unveils Proposal Detailing Significant Changes to Hart-Scott-Rodino Act Merger Notifications Assa Abloy Settlement Raises Questions on Litigating the Fix and DOJ Consent Decrees Pharmaceutical Industry Remains in Regulators’ Crosshairs “Whole of Government” Competition Mandate Can Impact Deals the FTC and DOJ Do Not Challenge FTC’s Constitutionality Comes Under Fire—Again...
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Cartel Corner | July 2023
By Justin P. Murphy, Paul M. Thompson, Stéphane Dionnet, Han Cui, Reese Poncia, Alexandra Lewis, Graham Hyman, Nabil Lakhal, Glenna Siegel and Bailey K. Sanders on Jul 13, 2023
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments, FTC Developments, Monopolization/Abuse of Dominance
In the first half of 2023, antitrust enforcers remained remarkably busy both in the United States (US) and across the European Union (EU). The US Department of Justice’s (DOJ’s) Antitrust Division (Division) and the Federal Trade Commission (FTC) have continued their aggressive and novel effort to drag antitrust enforcement into the labor markets. The DOJ...
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Heard at the 2023 Spring Meeting: Part 2
By Gregory E. Heltzer, Lisa P. Rumin, Reese Poncia, Joshua W. Eastby, Graham Hyman, Claire Danberg, Bailey K. Sanders, William Paige and Glenna Siegel 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 Gregory E. Heltzer, Lisa P. Rumin, Reese Poncia, Joshua W. Eastby, Glenna Siegel, Bailey K. Sanders, Claire Danberg, Graham Hyman and William Paige 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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Merger Notification Thresholds and Filing Fees to Increase
By Graham Hyman, Gregory E. Heltzer and Timothy (Ty) Carson 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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Congress Overhauls Merger Filing Fees and Thresholds
By Graham Hyman, Jon B. Dubrow, Gregory E. Heltzer and Timothy (Ty) Carson 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 Gregory E. Heltzer, Graham Hyman and Raymond A. Jacobsen, Jr. 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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DOJ Antitrust Head Signals Aggressive Enforcement against Private Equity Transactions
By Gregory E. Heltzer and Graham Hyman on May 31, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
US antitrust enforcers have signaled that private equity firms are the prime targets for upcoming aggressive antitrust merger enforcement. In a recent interview, US Assistant Attorney General Jonathan Kanter stated that the motive of a private equity firm may be “designed to hollow out or roll up an industry and essentially cash out,” which “is...
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