Earlier this week, the Federal Trade Commission (FTC) issued its
Hart-Scott-Rodino (HSR) report for fiscal year 2012 (FY2012), which
summarizes enforcement actions and key statistics regarding number
of filings, second requests and challenges. The press release
and a link to the report can be found here.
Filings were relatively flat from 2011 to 2012. There were
fewer second requests and there wasn't a remarkable difference
in the overall percentage of filings resulting in second requests
(3.9 percent in 2011; 3.5 percent in 2012). In 2012, the FTC
issued more second requests than the U.S. Department of Justice
(DOJ). However, when looking at the number of second requests
each agency issued as a percentage of the filings each agency was
"cleared" to investigate, the FTC only issued second
requests in 14.8 percent of the filings it was cleared to
investigate, whereas the DOJ issued second requests in 40.8 percent
of filings the agency was cleared to investigate.