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ARTICLE · 02 APRIL 2014

Energy M&A Under The Hart-Scott-Rodino Act

Mayer Brown
Mayer Brown
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Is there an exemption that applies to your deal?

United StatesAntitrust/Competition Law

Is there an exemption that applies to your deal

Introduction

At a time when there is significant M&A activity in the energy industry, it is critical for energy companies to understand how the premerger notification filing requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act" or "the Act"), and the regulations promulgated under the Act ("HSR Rules" or "Rule(s)"), may apply to their transactions. In fact, there are both energy-specific exemptions to the Act and other exemptions of more general application that can be used to exempt broad categories of energy mergers and acquisitions from HSR Act filing requirements. These exemptions are highly technical, however, and include a number of exceptions. As a result, transactions that exceed the Act's basic filing thresholds often must be reviewed carefully to determine whether any of these exemptions can be applied to the particular transaction at issue. Moreover, amendments to the HSR Rules

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