Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Both the FTC and the DoJ are authorized to institute an action in the Federal District Court seeking a preliminary injunction against consummation of an acquisition pendente lite, that is, until resolution of the suit alleging that the acquisition would constitute an antitrust violation. …

Preliminary injunctive relief

Prior to expiration of the initial waiting period, the agency may request further information and extend the waiting period by not more than 30 days, or 10 days in the case of a tender offer. Only the Federal District Court may make subsequent extensions. Where the waiting period ends on a Saturday, Sunday or public holiday, it is extended to the end of the following day.

The 2001 amendments to the HSR Act require both the DoJ and the FTC to have internal review procedures to address claims that the request for additional materials is unreasonably cumulative or burdensome, or contentions that the request has been substantially complied with, and such petitions are entitled to expedited review.

During the merger review, the agencies have broad investigative powers: they may for example request a consultation with the parties to discuss their views of the transaction, or order interviews of personnel of the merging parties. Testimonies may also be recorded.

Second requests for information

Where the FTC has reason to believe a violation of Section 13, 14, 18 or 19 exists, it may issue a complaint and notice of hearing to both the party involved and the Attorney General. The complaint must state the charges and the hearing must be set at least thirty days after the date of service of the complaint. The person complained of, the Attorney General, and any person showing good cause have the right to be heard.

If the FTC finds a violation, it issues a report in writing and serves the report on the challenged party together with an order to cease and desist from such violations within the time fixed in the order. The challenged party may seek review of the FTC's cease and desist order in the Court of Appeals.

Administrative proceedings before the FTC

Both the FTC and the DoJ are authorized to institute an action in the Federal District Court seeking a preliminary injunction against consummation of an acquisition pendente lite, that is, until resolution of the suit alleging that the acquisition would constitute an antitrust violation.

Global Competition Law

1490. Preliminary injunctive relief

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Les notions juridiques connexes

1490. Preliminary injunctive relief

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise