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US Obtains Largest Penalty For Evading HSR Premerger Notification Requirements

Published

16 July 2026

Topic

regulatory

Sectors

Medtech

Geography

United States

Source

Read at mondaq.com

Verified

Fusion42 · 16 July 2026 · Fusion42 review

The US FTC and DOJ obtained a $12 million penalty against Edwards Lifesciences and Genesis MedTech for structuring the acquisition of JC Medical to intentionally avoid HSR premerger notification thresholds by splitting consideration across a headline purchase price and a contemporaneous investment. The enforcement action signals increased antitrust agency scrutiny of deal structuring designed to evade filing requirements.

This Wire brief sits within Fusion42's coverage of Medtech.

◆ The Wire takeaway

If you're buying a company just under the HSR threshold, the FTC now treats even a separate investment round as part of the deal price, and penalties are seven figures. Split your consideration across unrelated parties or genuinely different assets—or file.

Coverage

1 source · 16 Jul 2026

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Topics

Medtechhsr-enforcementdeal-structureantitrust-penaltiesma-complianceftc-doj