Amendments To Hart-Scott-Rodino Require Additional Reporting And Documentation

On July 7, 2011, the U.S. Federal Trade Commission published final rules amending the Hart-Scott-Rodino (HSR) Premerger Notification Rules, the Premerger Notification and Report Form and the instructions to the Form.¹

Before certain mergers and acquisitions are permitted to close, the parties must file the Form and observe a waiting period to allow the FTC and Department of Justice (DOJ) time to consider the competitive effects of the proposed transaction and, if appropriate, to challenge and seek to prevent its consummation. The Form provides the FTC and DOJ with the information and documents needed to initially review a transaction for anticompetitive effects during the waiting period. The amendments streamline the Form and capture new information that will help the FTC and DOJ review a proposed merger or acquisition.