No HSR Filing Doesn't Mean No Antitrust Concern

Law360, New York (October 26, 2012, 12:31 PM EDT) -- In a stark reminder that non-Hart-Scott-Rodino-reportable transactions are fully subject to the antitrust laws — even after they have closed — the Federal Trade Commission, on Oct. 12, 2012, filed a complaint and accompanying consent agreement attacking Magnesium Elektron North America Inc.’s (MEL) 2007 acquisition of competitor Revere Graphics Worldwide Inc.[1]

The $15 million acquisition was too small to be reportable under the Hart-Scott-Rodino Premerger Notification Act of 1976, as amended.[2] While the government’s antitrust authority to challenge already consummated transactions is unquestioned, it is very unusual for the FTC (or the U.S. Justice Department Antitrust Division) to reach back this...

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