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ARTICLE · 18 JULY 2011

DOJ & FTC Revise Premerger Filing Requirements

Venable LLP
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On July 7, 2011, the Department of Justice and the Federal Trade Commission adopted new rules for the Hart-Scott-Rodino ("HSR") premerger filing process.

United StatesAntitrust/Competition Law
Lisa Fales
Lisa Fales
Jennifer Mallon
Jennifer Mallon
Erin Seder
Erin Seder

On July 7, 2011, the Department of Justice and the Federal Trade Commission adopted new rules for the Hart-Scott-Rodino ("HSR") premerger filing process. The new rules revise the Premerger Notification and Report Form, and are effective 30 days after publication in the Federal Register.1 The modifications to the premerger form are intended to update and streamline the premerger process, but they will have a significant impact on certain filers.

One of the major changes in the new rules is that they require information regarding "associated" entities - those that are commonly managed by the same business as the purchaser but which have been excluded from premerger filings until now because they are not considered controlled by the ultimate parent entity.

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