DOJ and FTC Issue Joint HSR Report for FY 2016

On October 3, 2017, the FTC and the DOJ released their joint Hart-Scott-Rodino merger report for the fiscal year, ending September 30, 2016. They reported 1,832 mergers,  47 of which were challenged by the agencies. The FTC brought 22 challenges: 16 concluded via consent decrees, 1 “was abandoned or restructured as a result of antitrust concerns raised during the investigation,” and 5 were litigated . The DOJ challenged 25 deals:  15  involved filing complaints; 9 of these settled simultaneously and 3 were abandoned by the parties post-complaint; and in 3 cases the DOJ litigated. Of the remaining 10 DOJ challenges, 4 resulted in abandoned transactions and in the other 6 the parties did “fix it” deals. The DOJ successfully litigated cases including the high profile Anthem/Cigna and Aetna/Humana trials.  The full report is available here:

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