美国反垄断执法部门发布2023财年经营者集中反垄断审查报告

Hart-Scott-Rodino Annual ReportFiscal Year 2023October 1, 2022 through September 30, 2023Section 7A of the Clayton ActHart-Scott-Rodino Antitrust Improvements Act of 1976 (Forty-Sixth Annual Report)Lina KhanChairFederal Trade CommissionJonathan Kanter Assistant Attorney General Antitrust Division Federal Trade Commission Bureau of CompetitionDepartment of Justice Antitrust DivisionINTRODUCTION The Hart-Scott-Rodino Antitrust Improvements Act of 1976, Pub. L. No. 94-435 (HSR Act or the Act), together with Section 13(b) of the Federal Trade Commission Act and Section 15 of the Clayton Act, enables the Federal Trade Commission (FTC or Commission) and the Antitrust Division of the Department of Justice (Antitrust Division or Division) to prevent anticompetitive mergers, acquisitions, and other types of transactions and to prevent interim harm to competition associated with those transactions. The premerger notification program was instrumental in alerting the Commission and the Division to transactions that became the subjects of the numerous enforcement actions brought in fiscal year 2023.1 The Commission and the Antitrust Division continue their efforts to protect competition by identifying and investigating those mergers and acquisitions that raise potentially significant competitive concerns. Together, the FTC and the Division represent the American people’s front-line defense against unlawful industry consolidation, and stopping illegal mergers is central to that mission. In fiscal year 2023, 1,805 transactions were reported under the HSR Act. See Figure 1 below. Nearly one-fourth of the transactions reviewed by the agencies were valued over $1 billion (see Table I), continuing a trend in recent years towards larger and more complex transactions. See Figure 2 below. 1 Fiscal year 2023 covered the period from October 1, 2022 through September 30, 2023. 05001,0001,5002,0002,5003,0003,5004,00020142015201620172018201920202021202220231,6631,8011,8322,0522,1112,0891,6373,5203,1521,805Number of TransactionsFiscal YearHSR Merger Transactions ReportedFiscal Years 2014-2023(Figure 1) 2 During fiscal year 2023, the Federal Trade Commission and the Antitrust Division worked to block unlawful mergers across a range of industries, including pharmaceuticals, transportation, hospitals, agriculture, mortgage lending, financial services, cement, construction, healthcare advertising, broadcasting, medical devices, electricity, and reproductive health services. The Commission took action against 16 deals: two in which it issued consent orders for public comment; ten in which the transaction was abandoned or restructured as a result of antitrust concerns raised during the investigation; and four in which the Commission initiated administrative or federal court litigation.2 The Division took action against 12 merger transactions: two that were blocked through lawsuits in U.S. district courts and ten in which the transaction was abandoned or restructu