FTC and DOJ Announce Changes to HSR Premerger Notification Form

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On July 7, 2011, the Federal Trade Commission (FTC) and the United States Department of Justice, Antitrust Division (DOJ) announced changes to the Hart-Scott-Rodino (HSR) Premerger Notification Rules and the Premerger Notification and Report Form, following a public comment period that ended on October 18, 2010. Prior to the most recent revisions, the FTC and DOJ last made modifications to the HSR form in 2005; however, unlike the relatively minor 2005 changes, the 2011 changes are extensive and may significantly affect the burden placed on filing parties. The new rules and HSR form will go into effect 30 days after the publication of the changes in the Federal Register.

Most of the changes are minor and will only slightly impact the complexity and associated burdens of the HSR form. However, filing parties should be aware that several changes—found in Items 4, 5, 6, and 7 of the HSR form — represent significant departures from the previous HSR form...

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