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James R. Dean Jr.

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James Dean practices in the antitrust and energy regulatory areas and serves as vice-chair of the Antitrust Practice Group.  As part of his antitrust practice, Mr. Dean advises clients on all aspects of antitrust law, including mergers, joint ventures, distribution agreements, and trade association activities.  He has represented numerous clients in responding to government investigations and as both plaintiffs and defendants in private antitrust litigation.  Mr. Dean also regularly handles issues related to pre-merger notification filings under the Hart-Scott-Rodino Act and foreign merger control regimes.

Mr. Dean also has significant experience with energy regulatory matters.  He advises both regulated utilities and financial investors on the federal and state regulation of both natural gas and electricity, including market restructuring issues, obtaining regulatory approval for energy-related transactions, and rate filings.

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Yesterday, the Federal Trade Commission (“FTC”) published revised thresholds for the Hart-Scott-Rodino (“HSR”) Act, which will take effect on February 23, 2022. Earlier, the FTC also announced new thresholds for Section 8 of the Clayton Act, which governs interlocking directorates. Each of these thresholds is higher for 2022, than for 2021. The HSR Act and Section 8 thresholds are adjusted annually based on the change in gross national product. The maximum daily civil penalty for violations of the HSR Act, which is tied to inflation, has also increased.
Continue Reading FTC Announces New Higher HSR Filing and Interlocking Directorate Thresholds, Higher Civil Penalties

The Federal Trade Commission (“FTC”) announced on February 4, 2021, that it is temporarily suspending the discretionary practice of granting “early termination” of the Hart-Scott-Rodino (“HSR”) Act waiting period, with support from the Antitrust Division of the U.S. Department of Justice (“DOJ”). The Agencies cited “the unprecedented volume of HSR filings” and “challenging transition period” as the reasons for suspending grants of early termination.
Continue Reading Early Termination of HSR Waiting Periods Temporarily Suspended

Today, the Federal Trade Commission (“FTC”) published revised thresholds for the Hart-Scott-Rodino (“HSR”) Act, which will take effect on March 4, 2021. Earlier, the FTC also announced new thresholds for Section 8 of the Clayton Act, which governs interlocking directorates. Each of these thresholds is lower for 2021, than for 2020. This is only the second time the HSR Act thresholds, which—like the Section 8 thresholds—are indexed to gross national product, have fallen since annual adjustments began in 2005. In contrast, the maximum daily civil penalty for violations of the HSR Act, which is tied to inflation, has increased.
Continue Reading FTC Announces New Lower HSR Filing and Interlocking Directorate Thresholds, Higher Civil Penalties