The cost of playing hide-and-seek with the premerger notification requirements of the Hart-Scott-Rodino Act has increased exponentially. In United States v. The Hearst Trust et al.[1]� , the defendants paid a $4 million civil penalty, the largest ever by a single company, for violating the premerger notification provisions of the HSR Act; and in a related case FTC v. The Hearst Trust et al.,[2]� the defendant agreed to divest the business it unlawfully acquired and disgorge $19 million of alleged monopoly profits it earned during the nearly three years it owned the offending assets.[3]�
Portentously, Hearst is the first competition case ever filed by the Federal Trade Commission (FTC) pursuant to �13(b) of the FTC Act seeking postacquisition divestiture and other equitable relief, including disgorgement.[4]�
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