Revised Treatment of LLCs Under Hart-Scott-Rodino Act
This memorandum examines a revised Formal Interpretation of the Hart-Scott-Rodino Act, which concerns the reportability of certain transactions involving the formation of a Limited Liability Company (“LLC”). Under the revised interpretation, the formation of an LLC which combines under common control in the LLC two or more pre-existing businesses will be treated as subject to the requirements of the HSR Act.