The Federal Trade Commission (FTC) and the Department of Justice
(DOJ) recently issued a joint Notice of Proposed Rulemaking
regarding premerger notifications required under the
Hart-Scott-Rodino (HSR) Act. If enacted, the amendments will
significantly affect the future of merger reviews and associated
antitrust enforcement.
The HSR Act, enacted in 1976, mandates that transactions
exceeding specified thresholds be reported to the FTC and DOJ for
antitrust review prior to their consummation. The associated HSR
filing form requires detailed information about the acquiring and
acquired parties, as well as the proposed transaction. On June 27,
2023, the FTC and the DOJ issued a joint Notice of Proposed
Rulemaking that would amend the current HSR rules, resulting in
significantly more information being provided to the agencies for
all reportable transactions.
