DOJ, Antitrust Division Speaks Out On Non-Reportable Transactions

On April 25, Deputy Assistant Attorney General of Civil Enforcement Leslie Overton gave a speech focused entirely on the Antitrust Division's enforcement activities related to transactions that do not trigger a filing under the Hart-Scott-Rodino Antitrust Improvements Act. Generally, if no exemptions apply, transactions valued in excess of $75.9 million are reportable.

Some of the key points in her remarks are set forth below.

• Since 2009, the Antitrust Division initiated at least 73 preliminary inquiries into transactions that were not reportable, including both consummated transactions and non-reportable deals that were brought to the division's attention before they closed. Those investigations represented almost 20 percent of all the merger investigations opened by the Antitrust Division during that period.