Hart-Scott-Rodino Antitrust Improvement Act of 1976
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Major Changes to HSR Disclosure Requirements Effective August 18, 2011

by Jon B. Dubrow, Carla A. R. Hine and Carrie G. Amezcua

Revisions to the Hart-Scott-Rodino (HSR) notification rules and form (as detailed here) will become effective August 18, 2011.  Parties planning to file an HSR premerger notification on or after August 18 must comply with the new disclosure requirements and use the newly revised HSR form.

Increased Antitrust Scrutiny of Non-Reportable or Closed Transactions

by Jon B. Dubrow and Carla A. R. Hine

In recent years, the Federal Trade Commission (FTC) and the Department of Justice (DOJ)—the two US agencies responsible for reviewing and challenging transactions that may lessen competition—have increasingly challenged non-reportable and consummated transactions.  There have been several such challenges so far in 2011, and at least nine in 2010 (all but one of which resulted in a settlement).

To read the full article, click here.

FTC Announces Major Changes to Disclosure Requirements for Hart-Scott-Rodino Notification Rules and Form

by Jon B. Dubrow, Joseph F. Winterscheid and Carla A. R. Hine

Companies should begin regularly collecting required data—in particular revenues by North American Industry Classification System code and information about “associates”—in advance of need to file Hart-Scott-Rodino notification.

To read the full article, click here.

The Top Five (Avoidable) Antitrust Traps in M&A Transactions

by Jon B. Dubrow, Joseph F. Winterscheid and Carla A. R. Hine

In M&A transactions, early involvement of antitrust counsel is essential to avoid unnecessary expense, delay and antitrust risks.  Failure to involve antitrust counsel early on in the process may not only jeopardize the parties’ ability to obtain antitrust clearance, but it can also give rise to potential exposure for independent antitrust violations and deal risk.  This article discusses five avoidable antitrust pitfalls to keep in mind early in any transaction planning process.

To read the full article, click here

Notification Threshold Under Hart-Scott-Rodino Act Increased to $66 million

by Jon B. Dubrow, Joseph F. Winterscheid and Carla A. R. Hine

The Federal Trade Commission (FTC) recently announced revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) and 2011 thresholds for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act.  Increased reporting thresholds apply to pre-merger notifications filed on or after February 24, 2011.

To read the full article, please visit: https://www.mwe.com/info/news/ots0111g.htm.





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