| Antitrust Liability Limitations for Standards Development Organizations |
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| Under the Standards Development Organization Advancement Act of 2004, a standards development organization (SDO) that registers with the Department of Justice and the Federal Trade Commission will not be subject to treble damage liability in private antitrust actions. Also, the rule of reason rather than a per se illegal analysis will be used in evaluating the anti-competitive effect of any alleged antitrust violations by a registered SDO. More... |
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| Failing Company Defense |
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| A merger or acquisition that has the potential to lessen competition significantly may violate Section 7 of the Clayton Act, 15 U.S.C.S. § 18. However, a "failing company" defense has emerged from case law and legislative history of an amendment to Section 7 that allows an acquisition or merger to proceed if the company being acquired is subject to imminent bankruptcy or liquidation, and the acquiring company is the only prospective purchaser of the failing company.
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| Protection for Toxic Substances Control Act Whistleblowers |
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| Protection for Toxic Substances Control Act Whistleblowers
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| Employment Law |
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| Protection for Solid Waste Disposal Act Whistleblowers
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| Premerger Notification Under Section 7A of the Clayton Act |
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| Section 7A of the Clayton Act, 15 U.S.C.S. § 18a, requires advance notice to federal antitrust enforcement agencies of mergers and acquisitions over a certain size. Pre-merger notification rules must be complied with and notice must be given to the Federal Trade Commission or the Department of Justice before the merger or acquisition may become effective. Those agencies have the option upon receiving proper notification to impose an additional waiting period upon the parties to the transaction in order for the agencies to evaluate any potential effect on competition or tendency toward a monopoly that would suggest an enforcement action to have the merger or acquisition enjoined. More... |
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