Noah Feldman Greene

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Noah Feldman Greene focuses his practice on antitrust matters. During law school, Noah served as a judicial intern for the Hon. Beverly Reid O’Connell of the US District Court for the Central District of California. He was senior editor of the Virginia Journal of International Law and participated in the William Minor Lile Moot Court. Read Noah Feldman Greene's full bio.

DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged


By , and on Sep 20, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

WHAT HAPPENED During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement agencies—should devise fixes for allegedly anticompetitive transactions. Danks stated “that something is broken about the way that the antitrust community talks about remedies in the context...

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Notification Threshold Under the Hart-Scott-Rodino Act Increased to $101 Million


By , and on Jan 21, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

On January 21, 2022, the US Federal Trade Commission (FTC) announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The thresholds are indexed to changes in the gross national product (GNP). NOTIFICATION THRESHOLD ADJUSTMENTS These increased thresholds are scheduled to be published in the Federal Register on January 24, 2022, which would...

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Antitrust M&A Snapshot | Q3 2021


By , , , and on Nov 1, 2021
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

In the United States, the US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of Transportation earlier this year demonstrates the Biden administration’s commitment to aggressive antitrust enforcement. US President Joe Biden issued an Executive Order calling for tougher antitrust enforcement, including...

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FTC “Prior Approval” Policy for Future Transactions Raises Antitrust Risks for Buyers and Sellers


By and on Jul 22, 2021
Posted In FTC Developments, Mergers & Acquisitions

The US Federal Trade Commission (FTC) voted July 21, 2021, to repeal a 1995 policy statement that eliminated prior approval and prior notice provisions from most merger settlements. In repealing this longstanding policy—and likely insisting on the inclusion of such provisions in future settlements—the FTC will have significantly greater authority to review and block future...

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Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws


By , and on Jul 15, 2021
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several priorities. The Federal Trade Commission (FTC) and US Department of Justice (DOJ) already have been actively enforcing the antitrust laws in provider consolidation matters....

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Notification Threshold under the Hart-Scott-Rodino Act Decreased to $92 Million


By and on Feb 2, 2021
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

The US Federal Trade Commission (FTC) yesterday released decreased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The thresholds are indexed to changes in the gross national product (GNP). They normally increase year over year but have decreased this year because of the economic impacts of COVID-19. We last saw a decrease in...

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Price Gouging in the Crosshairs During COVID-19


By and on Apr 24, 2020
Posted In Consumer Protection/Privacy, Distribution/Franchising

In the midst of the Coronavirus (COVID-19) pandemic, states are closely monitoring companies’ pricing of personal protective equipment, food and other essential supplies. Our latest post offers an overview of state price gouging laws and practical considerations for businesses as they face supply pressures and increased consumer demand. Access Full Article  

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Antitrust M&A Snapshot | FTC and DOJ Continue M&A Transaction Investigation While UK CMA Continues Role as Key Jurisdiction in Merger Clearance Process


By and on Feb 14, 2020
Posted In DOJ Developments, EC Developments, EU Developments, French Developments, FTC Developments, Mergers & Acquisitions

Antitrust regulators in the United States and Europe were very active in the final quarter of 2019. The FTC and DOJ continue to investigate and challenge M&A transactions in a variety of industries. Events of this quarter highlight the importance of states in merger enforcement. As well, recent FTC activity highlights the regulators’ focus on...

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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...

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California Attorney General Announces Historic $575 Million Settlement of Antitrust Suit Against Sutter Health


By , and on Jan 15, 2020
Posted In Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern California.

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