The FTC Releases Proposed Changes to the Hart-Scott-Rodino Form

On August 13, the Federal Trade Commission ("FTC" or "Commission"), with the concurrence of the Department of Justice (collectively, the "Agencies"), proposed significant modifications to the Hart-Scott-Rodino ("HSR") Act Notification and Report Form ("Form").¹ These changes are designed to provide the Agencies with more information relevant to their antitrust analysis of notified transactions. However, the proposed changes will, in many cases, increase the burden on filers.

Revisions to Items 1-3 (Identification of Parties and Description of Transaction)

The Commission proposes a number of minor changes to Items 1 through 3 of the Form; generally, these changes eliminate duplicative questions and requests for non-relevant information (for example, the request that the filing person separately identify and describe the type and number of securities of the to-be acquired entity). There is one proposal of significance: the FTC proposes to require the filing person