New HSR Rules – Five Things To Do Before Your Next Deal

Acquisitions and mergers can impose significant stresses on both buyer and seller. Starting January 2025, the new HSR rules will impose significant additional burdens and risks on deals subject to premerger notification in the United States (see our client alert for more details on those changes). However, companies can prepare for many of those changes before they face the pressure and deadlines of their next transaction. To hit the ground running in 2025, you can – and should - do the following before your next deal:

1. Train your deal team on antitrust best practices for document creation. The new rules expand on both the scope and nature of documents that must be submitted with Premerger Notification Form. Whereas the old rules merely required the submission of transaction-related documents that were prepared by or for a company's officers and directors, the rule has been expanded to include documents prepared by or for the supervisory deal team lead(s), which is