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