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ARTICLE · 12 JULY 2023

The FTC's Proposed HSR Changes: What They Mean For Dealmakers

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The sweeping revisions proposed by the US Federal Trade Commission (FTC) to the premerger Hart-Scott-Rodino Act (HSR) notification rules would be the most significant change in the 45-year history of the program.

GlobalAntitrust/Competition Law
William Stallings
William Stallings
Gail F. Levine
Gail F. Levine
Kathryn Lloyd
Kathryn Lloyd
Ora Nwabueze
Ora Nwabueze
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The sweeping revisions proposed by the US Federal Trade Commission (FTC) to the premerger Hart-Scott-Rodino Act (HSR) notification rules would be the most significant change in the 45-year history of the program.1

If the revisions are implemented (which we do not expect to occur prior to the end of the year), parties making filings will need to:

  • Provide significantly more data on many issues (including data on their employees) and troves of internal strategic plans, reports, and deal-related documents;
  • Write detailed narratives about the transaction (including its rationale and synergies), the parties to the deal, and the markets in which they operate;
  • Dedicate significant additional resources to preparing the required HSR filing; and

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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