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Timothy E. Burroughs

Tim Burroughs is an associate in the Litigation Department and a member of the Antitrust and Commercial Litigation groups. Tim’s practice focuses on assisting clients navigate a range of antitrust issues from investigations and litigation to compliance with pre-merger CFIUS and HSR notification requirements. Additionally, Tim has experience representing leading technology, pharmaceutical, and financial services companies in complex commercial disputes throughout the United States.

Tim is a member of the firm’s Antitrust Technology Task Force and a frequent contributor to Proskauer’s Minding Your Business and Proskauer on Price Gouging blogs.

Tim also maintains an active pro bono practice, including representing asylum seekers pursuing claims against the United States for harm suffered in connection with the Trump Administration’s Family Separation Policy.

Tim earned his J.D. from Vanderbilt Law School, where he was the Executive Student Writing Editor for the Vanderbilt Journal of Transnational Law and interned at the U.S. Attorney’s Office for the Southern District of New York.

Prior to his legal career, Tim was a Teach For America corps member and taught elementary school in the Brownsville neighborhood of Brooklyn.

The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity. The article identifies the adjustments that are likely to be the most relevant to our clients and reiterates several important practice tips.

Read the full client alert.

On the heels of the historic proposed changes to the Hart‑Scott‑Rodino (“HSR”) merger review process, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission released the 2023 Draft Merger Guidelines for public comment. The single set of guidelines will replace the former horizontal and vertical guidelines, becoming the principal resource for merger review and challenges. The DOJ and FTC will finalize the Draft Guidelines following the close of the 60‑day comment period on September 18, 2023. Together, the two sets of changes usher in a radically different climate for dealmaking in the U.S. and have the potential to grind transactions to a near halt just as M&A is beginning to regain steam.

On June 29, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking that would dramatically expand HSR reporting requirements. The historic changes fundamentally alter the HSR reporting landscape, shifting to more of a “white paper” approach, similar to that of ex‑U.S. jurisdictions like the EU. The change though brings new expansive reporting requirements to nearly sixfold the number of transactions seen in the EU (the EU took in about 400 ECMR filings last year, versus nearly 2,500 HSR filings at the FTC). The move would substantially increase the burden on reporting parties, and impact deal timing and certainty.

Primary HSR filing threshold will be increased to $111.4 million

The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity.  As is our annual practice, this alert identifies the adjustments that are likely to be the most relevant to our clients, and reiterates several important practice tips.

Primary HSR filing threshold will be increased to $111.4 million

The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity.  As is our annual practice, this alert identifies the adjustments that are likely to be the most relevant

In 1976, Congress enacted the Hart-Scott-Rodino Act (HSR). Under the HSR merger review process, parties to transactions above certain thresholds must provide advance notice to the Federal Trade Commission (FTC) and the Department of Justice (DOJ) and may not complete the transaction until expiration of the statutory waiting period.

The FTC and DOJ retain jurisdiction