Mergers and Acquisitions/Hart-Scott Rodino

AV&H's mergers and acquisitions practice is led by some of the nation's most experienced and respected antitrust lawyers.  AV&H's track record of obtaining unconditional clearance of combinations of significant rivals has buttressed AV&H's reputation as a "go to" firm for important strategic mergers and acquisitions.  AV&H combines its extensive experience before the Antitrust Division and FTC with its ability to develop and present sophisticated econometric arguments to obtain clearance of mergers and acquisitions that at first blush raise insurmountable difficulties.

AV&H has obtained antitrust clearance for some of the most significant transactions in recent years, including Cingular Wireless's acquisition of AT&T Wireless, Omnicare's acquisition of Neighborcare, Movie Gallery's acquisition of Hollywood Video, and GameStop Corp.'s acquisition of Electronics Boutique. We have represented numerous clients before the United States, Canadian, European Union and state antitrust authorities, and have successfully obtained clearance for transactions in a broad range of industries, including book and newspaper publishing, financial services, telecommunications, Internet-based industries, cable television, metal alloys, oil refining, accounting services, pharmaceuticals, retail stores, computer software, biochemical, hand tools and medical devices. AV&H also routinely represents clients opposing mergers and acquisitions proposed by other firms.

In addition, AV&H is one of the few firms ever to have successfully litigated a merger case against the Antitrust Division.  In United States v. SunGard Data Systems, AV&H obtained a judgement on the merits rejecting the Antitrust Division's bid to block SunGard's acquisition of the business continuity assets of its rival Comdisco Inc.  United States v. SunGard Data Systems, 172 F. Supp.2d 172 (D.D.C. 2001).

AV&H regularly counsels companies, investment funds and other organizations regarding filing obligations under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act").  AV&H senior partner Stephen Axinn co-authored the leading treatise on the HSR Act, Acquisitions Under The Hart-Scott-Rodino Antitrust Improvements Act.

AV&H also regularly counsels U.S. clients on the international issues raised by potential mergers and acquisitions.  AV&H has relationships in place with leading firms in all nations that have active antitrust merger review regimes.

News & Developments

• AV&H successfully obtains FTC approval of A&P's $1.3 billion acquisition of rival supermarket operator Pathmark
• Axinn, Veltrop & Harkrider LLP Successfully Defeats the City of New York’s Motion for a Temporary Restraining Order Seeking to Enjoin the Affiliation Between Group Health Incorporated and the Health Insurance Plan of Greater New York
• AV&H Obtains Antitrust Clearance for Rent-Way, Inc.'s $567 Million Acquisition by Rent-A-Center
• AV&H Obtains Antitrust Clearance for Omnicare's Acquisition of Rival Neighborcare
• AV&H Wins Antitrust Clearance for Movie Gallery's Acquisition of Hollywood Video
• AV&H Makes Top 20 U.S. Deal Firms by The Deal
• AV&H Counsels BellSouth and Cingular in Acquisition of AT&T Wireless
• Global Competition Review Names AV&H in Top 100 firms in Annual Survey

Articles & Treatises

• Risk-Shifting Provisions and Antitrust Risk: An Empirical Examination
• Rethinking Second Requests
• Proving Anticompetitive Impact: Moving Past Merger Guidelines Presumptions
• Non-Reportable Smaller Deals May Present Greater Risks, Costs Than Big-Ticket Deals That Must Be Reported to FTC, DOJ
• The Use of Econometric Analysis in Antitrust Investigation before DOJ and FTC

Newsletters

• Department of Justice Approves Whirlpool-Maytag Merger
• FTC and DOJ Issue Joint Commentary on the Horizontal Merger Guidelines
• FTC Announces Reforms to the Merger Review Process: Attempt to Make Second Requests Less Onerous
• FTC Challenges Merger Party's Claim of Second Request Compliance; Seeks Court Order Extending the Hart-Scott-Rodino Waiting Period
• FTC Announces Revised Reporting Rules Under the Hart-Scott-Rodino Act For Partnerships, LLCs, and Other Unincorporated Entities
• Increase of the Hart-Scott-Rodino Merger Notification Thresholds
• FTC Administrative Complaint Signals Increasing Willingness to Challenge Consummated Mergers
• FTC’s New Merger Review Guidelines are Helpful, But Early Negotiation Remains Important