Inside The FTC's Sweeping Overhaul Of U.S. Antitrust Merger Filing Requirements

What You Need To Know

• Sweeping changes to Hart-Scott-Rodino Act premerger notification rules create significant new disclosure burdens that will delay proposed mergers and acquisitions. Barring a legal challenge, the rules will likely take effect in January 2025.
• Once the rules take effect, filers may be required to provide narrative responses to certain questions, certain documents created in the ordinary course of business, significantly more information about areas of potential competitive overlap or supply relationships, as well information about sensitive government contracts and certain types of foreign subsidies.
• Notably, when the new rules become effective the FTC will also restore the practice of granting early termination of the HSR waiting period for certain transactions.