"Devices for avoidance" don't avoid HSR penalties

On 10 June 2019 the U.S. Department of Justice (DOJ) Antitrust Division, acting at the request of the Federal Trade Commission (FTC), filed a complaint and proposed final judgment in the U.S. District Court for the District of Columbia, alleging that Canon Inc. (Canon) and Toshiba Corp. (Toshiba) violated the premerger notification and waiting period requirements of the Hart-Scott-Rodino Act (HSR Act), 15 U.S.C. §18a, in connection with Canon's acquisition of Toshiba Medical Systems Corp. (TMSC), a subsidiary of Toshiba.

The final judgment imposed a US$5 million civil penalty, split evenly between Canon and Toshiba.

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