Closing the Deal: Deploying the Right AI Tool for HSR Second Requests
Regulatory changes and government antitrust scrutiny of merger and acquisition activity have led to increased attention to Hart-Scott-Rodino (HSR) Second Requests. The past few years have been busy in the M&A space. In...more
From increasing regulatory scrutiny to the best way to handle modern attachments, experts share their insights, best practices, and projections to help organizations and law firms prepare for upcoming Second Requests....more
The question, “Have you worked on a second request?” is often met by a sigh or a knowing glance and accompanied by a story that shows herculean strength or the agony of defeat. Or both. Because of the sheer number of...more
During TransPerfect Legal’s third annual Antitrust Clearance and Merger Enforcement conference, a panel of expert antitrust attorneys shed light on the evolving landscape of timing agreements during the second request...more
In the name of the “unique nature” of a Second Request review, experienced practitioners often maintain that only traditional review protocols will work, and unhesitatingly accept a production set that may be upwards of 50%...more
A Second Request for a Hart-Scott-Rodino (HSR) filing thrusts companies and their counsel into a high-stakes race against time, complicated by massive data volumes and strict requirements. Policy and enforcement shifts by the...more
The M&A market had a record-breaking year in 2021 with more than $5 trillion in global volume. High private equity activity, a soaring stock market, and low-interest rates contributed to an exceptionally busy landscape, which...more
Editor’s Note: The Hart-Scott-Rodino Act established the federal premerger notification program, which provides the FTC and the Department of Justice with information about large mergers and acquisitions before they occur....more
Federal agencies don’t publish official Second Request transaction numbers until late the following year. But recent trends suggest a high volume of activity for 2021 and 2022, as well as a stricter regulatory and political...more
New technologies, regulatory shifts, and an evolving economic landscape are transforming the M&A process (again). According to the FTC, HSR filings in 2021 more than doubled from the previous year, reaching a total of 3,644. ...more
The landscape for Hart-Scott-Rodino (HSR) filings has undergone immense flux over the last two years. The economic upheaval of the COVID-19 pandemic and regulatory shifts of a new presidential administration have impacted...more
On September 28, 2021, the Federal Trade Commission (FTC) issued a blog post announcing several changes to how the FTC will investigate mergers and acquisitions and how it will approach second-request negotiations. The blog...more
On October 20, 2020, TransPerfect Legal Solutions (TLS) hosted an inaugural conference on recent developments in antitrust clearance and merger enforcement proceedings. This article is the second of a three-part series...more
HSR Act-driven Second Request responses require an uncommon balance of understanding, expertise, and experience to successfully deliver certified compliant responses. Recent FTC and DOJ updates, coupled with the increasing...more
The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released the Hart-Scott-Rodino annual report for fiscal year 2019 on July 8, 2020. For more than 40 years, the data provided in each...more
The cannabis industry faced heightened antitrust scrutiny from the Department of Justice (DOJ) in 2019. There were public reports regarding several “Second Requests” seeking information about potential cannabis transactions....more
The 2018 Hart-Scott-Rodino Annual Report (the 2018 HSR Report), recently released by the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division, conveys information about their review of...more
Transactions that meet the Hart-Scott-Rodino thresholds for notification must be reported to the Federal Trade Commission (“FTC”) and Department of Justice. Where a notified transaction raises competition concerns, the...more