Publications

The Federal Trade Commission (“FTC”) has announced final rules implementing modifications to the Hart-Scott-Rodino (“HSR”) Premerger Notification Rules and Notification and Report Form (the “Form”) that parties must file under the HSR Act when seeking antitrust clearance for certain mergers and acquisitions.  The FTC first published proposed modifications on August 13, 2010, and solicited public comments at that time, some of which are addressed in the final rule changes.  These final rule changes will become effective 30 days after publication in the Federal Register, likely to occur in the next day or so, and will apply to all transactions that file on or after the effective date.  The FTC’s stated purposes for the changes is to streamline the Form, thereby reducing the burden on filers, and to capture new information to assist the antitrust agencies in conducting their initial review of a proposed transaction’s competitive impact.  While the rule changes will make some aspects of the HSR filing process easier, other aspects will become more difficult.