Law360 Publishes Akin Gump Article on Hart-Scott-Rodino and Antitrust

Law360 has published “No HSR Filing Doesn’t Mean No Antitrust Concern,” an article co-authored by Akin Gump partners Paul Hewitt, Mark Botti and Anthony Swisher and associate Diana Gillis.  The article describes the Federal Trade Commission (FTC) complaint filed concerning Magnesium Elektron North America’s acquisition of competitor Revere Graphics Worldwide Inc. 

The acquisition total—$15 million—fell far short of the threshold for reporting under the Hart-Scott-Rodino Premerger Notification Act of 1976, and the transaction was consummated five years before the FTC’s filing.  Those factors notwithstanding, according to the article, this is but the latest attack on a nonreportable transaction years after the deal is announced and consummated.  Among the reasons for the government’s scrutiny in this and similar cases is the merger-to-monopoly aspect of the acquisition.

To read the full article, click here.