New, More Burdensome HSR Form Now In Effect

The U.S. Federal Trade Commission's new premerger notification form under the Hart-Scott-Rodino (HSR) Act went into effect on February 10, 2025, despite pending challenges by business groups. Accordingly, parties to transactions meeting certain jurisdictional thresholds are required to submit HSR filings using the new form to the FTC and the Antitrust Division of the Department of Justice (DOJ). For transacting parties, the new HSR form introduces several key changes that will impact the preparation and submission process. The new requirements significantly increase the amount of information and documentation that must be provided upfront. As a result, parties should anticipate longer preparation time for premerger filings and consider early collaboration with antitrust counsel to develop a robust antitrust analysis and strategy. The increased scrutiny and detailed information required may also lead to higher costs and more extensive internal coordination