Strategies For Preparing The New Hart-Scott-Rodino Forms

On Feb. 10, 2025, the new premerger notification and report forms under the Hart-Scott-Rodino (HSR) Act became effective. The new HSR forms make significant changes to the reporting obligations of both acquiring and acquired parties. In its release promulgating the new forms, the Federal Trade Commission (FTC) indicated that the average time required to complete the forms would substantially increase. For transactions involving horizontal or vertical overlaps between the parties, or acquiring persons with complex structures or that are part of a family of commonly managed entities, the preparation time could well exceed the FTC's estimates. This note suggests strategies for shortening the time frame for completing the new HSR forms and for ensuring that the documentation provided to the antitrust agencies presents a careful and considered competitive posture.