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ARTICLE · 01 OCTOBER 2020

U.S. Antitrust Agencies Propose HSR Rule Changes That Would Increase Filings And Burden

Cleary Gottlieb Steen & Hamilton LLP
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The FTC also invited responses to a set of questions to inform future regulatory changes, suggesting that even more sweeping changes could be coming.

United StatesCorporate/Commercial Law

On September 21, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced proposed changes to the regulations governing when a filing must be made under the Hart-Scott-Rodino (HSR) Act that would likely significantly expand the filing requirements and increase the HSR burden on institutional investors and fund managers.

The FTC also invited responses to a set of questions to inform future regulatory changes, suggesting that even more sweeping changes could be coming.

The changes and proposals were announced in two documents (1) a notice of proposed rulemaking (NPRM), which announced two changes to the HSR rules, and (2) an advanced notice of proposed rulemaking (ANPRM), which requested input on a broad variety of topics. 

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