Key Developments in HSR Merger Review Processes—Prepare for Compliance

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Legal Commentary by Glenn E. Davis

Litigation Chair

Gallop Johnson & Neuman, L.C.

©Glenn E. Davis

In FY 2011 merging parties filed 1,450 Hart-Scott-Rodino notifications with the U.S. antitrust agencies, nearly 300 more than FY 2010. A full 98% of those filings cleared review without the agencies requesting any additional information to assess the competitive effects of the proposed combinations. This could lead to the conclusion that HSR Compliance is not a priority when considering a major deal. That conclusion would be wrong.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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